Bill Text: IN SB0227 | 2011 | Regular Session | Introduced
Bill Title: Licensure of heating and cooling industry.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Commerce & Economic Development [SB0227 Detail]
Download: Indiana-2011-SB0227-Introduced.html
Citations Affected: IC 25-1; IC 25-20.1.
Synopsis: Licensure of heating and cooling industry. Establishes: (1)
the heating and cooling contractor licensing board; and (2) licensing
requirements for heating and cooling contractors.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Commerce & Economic
Development.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
(1) Certified public accountants, public accountants, and accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
health counselors.
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Athlete agents.
(28) Manufactured home installers.
(29) Home inspectors.
(30) Massage therapists.
(31) Interior designers.
(32) Genetic counselors.
(33) Heating and cooling contractors.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(40) Heating and cooling contractor licensing board.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of cosmetology and barber examiners (IC 25-8-3-1).
(5) State board of funeral and cemetery service (IC 25-15-9).
(6) State board of registration for professional engineers (IC 25-31-1-3).
(7) Indiana plumbing commission (IC 25-28.5-1-3).
(8) Indiana real estate commission (IC 25-34.1).
(9) Real estate appraiser licensure and certification board (IC 25-34.1-8-1).
(10) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(11) State board of registration for land surveyors (IC 25-21.5-2-1).
(12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(15) Heating and cooling contractor licensing board (IC 25-20.1-2-1).
(b) Nothing in this chapter may be construed to give the licensing
agency policy making authority, which remains with each board.
"Board" means the appropriate agency listed in the definition of regulated occupation in this section.
"Director" refers to the director of the division of consumer protection.
"Division" refers to the division of consumer protection, office of the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability company, or a corporation.
"Regulated occupation" means an occupation in which a person is licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(35) Heating and cooling contractor licensing board (IC 25-20.1-2-1).
(36)
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(IC 25-14.5-2-1).
(33) (34) (32) Indiana physical therapy committee (IC 25-27).
(34) (35) (33) Manufactured home installer licensing board
(IC 25-23.7).
(35) (36) (34) Home inspectors licensing board (IC 25-20.2-3-1).
(36) (37) (35) State board of massage therapy (IC 25-21.8-2-1).
(36) Heating and cooling contractor licensing board
(IC 25-20.1-2-1).
(37) (38) Any other occupational or professional agency created
after June 30, 1981.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
(15) Heating and cooling contractor licensing board (IC 25-20.1-2-1).
2011]:
ARTICLE 20.1. HEATING AND COOLING CONTRACTOR
LICENSING BOARD
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. (a) "Class 1 structure" includes a structure that contains
three (3) or more condominium units (as defined in IC 32-25-2-9)
or other units that are:
(1) intended to be or are used or leased by the owner of the
unit; and
(2) not completely separated from each other by an
unimproved space.
(b) The term does not include the following:
(1) A building or structure that is:
(A) intended to be or is used only for an agricultural
purpose on the land where it is located; and
(B) not used for retail trade or is a stand used for retail
sales of farm produce for eight (8) or fewer consecutive
months in a calendar year.
(2) A Class 2 structure or vehicular bridge.
Sec. 3. (a) "Class 2 structure" means any part of the following:
(1) A building or structure that is intended to contain or
contains only one (1) dwelling unit or two (2) dwelling units
unless any part of the building or structure is regularly used
as a Class 1 structure.
(2) An outbuilding for a structure described in subdivision (1),
including a:
(A) garage;
(B) barn; or
(C) family swimming pool;
unless any part of the outbuilding or structure is regularly
used as a Class 1 structure.
(b) The term does not include a vehicular bridge.
Sec. 4. "Construction" includes:
(1) fabrication of any part of an industrialized building system
or mobile structure for use at another site;
(2) erection or assembly of any part of a Class 1 or Class 2
structure at the site where the structure will be used;
(3) installation of any part of the permanent:
(A) heating;
(B) ventilating;
(C) air conditioning;
(D) electrical;
(E) plumbing;
(F) sanitary;
(G) emergency detection;
(H) emergency communication; or
(I) fire or explosion suppression;
system for a Class 1 or Class 2 structure at the site where the
structure will be used;
(4) work undertaken to:
(A) alter;
(B) remodel;
(C) rehabilitate; or
(D) add to;
any part of a Class 1 or Class 2 structure; or
(5) work undertaken to relocate any part of a Class 1 or Class
2 structure, except a mobile structure.
Sec. 5. "Cooling system" means a system that uses a source of
energy to accomplish the:
(1) cooling, not below a constant temperature of sixty (60)
degrees Fahrenheit, of more than one (1) partitioned space in
a structure;
(2) cooling of all or part of a structure by distribution of air
through ductwork extending more than twelve (12) inches
from the appliance collars; or
(3) distribution of liquid or vapor through onsite piping.
Sec. 6. "Heating and cooling contracting" refers to:
(1) designing;
(2) installing;
(3) repairing; or
(4) altering;
a heating or cooling system in a structure.
Sec. 7. (a) "Heating system" means a system that uses a source
of energy, including:
(1) electricity;
(2) fossil fuels;
(3) geothermal;
(4) solar; or
(5) wind;
to accomplish the warming of more than one (1) partitioned space
in a structure or to accomplish the warming of all or part of a
structure by distribution of air through ductwork extending more
than twelve (12) inches from the appliance collars or distribution
of liquid or vapor through onsite piping.
(b) A structural design that uses largely natural means to cause
flow of thermal energy from the sun to accomplish warming of all
or part of a structure may not be considered a heating system for
purposes of this definition.
Sec. 8. "Licensing agency" refers to the Indiana professional
licensing agency established by IC 25-1-5-3.
Sec. 9. "Mobile structure" means any part of a fabricated unit
that is designed to be:
(1) towed on its own chassis; and
(2) connected to utilities for year-round occupancy or use as
a Class 1 structure, a Class 2 structure, or another structure.
The term includes two (2) or more components that can be
retracted for towing purposes and subsequently expanded for
additional capacity and two (2) or more units that are separately
towable but designed to be joined into one (1) integral unit.
Sec. 10. "Structure" means any part of:
(1) a building or structure that is intended to be used or
occupied in part by:
(A) the public;
(B) three (3) or more tenants; or
(C) at least one (1) person who acts as the employee of
another person;
(2) a site improvement affecting access by persons with
physical disabilities to a building or structure described in
subdivision (1); or
(3) any class of buildings or structures that the fire prevention
and building safety commission determines by rule to affect
a building or structure described in subdivision (1).
Chapter 2. Heating and Cooling Contractor Licensing Board
Sec. 1. The heating and cooling contractor licensing board is
established.
Sec. 2. The board consists of seven (7) members to be appointed
by the governor as follows:
(1) Five (5) individuals who are licensed under this article.
(2) Two (2) individuals who are not licensed under this article
and who represent the public.
Sec. 3. (a) Each member of the board serves a term of four (4)
years and until the member's successor is appointed and qualified.
(b) A member may not serve on the board for more than two (2)
consecutive terms.
Sec. 4. (a) The governor may remove a member at any time for
incompetency, neglect of duty, or unprofessional conduct.
(b) A vacancy in the membership of the board shall be filled by
an individual appointed by the governor for the unexpired term.
Sec. 5. (a) Each year the board shall elect a member as
chairperson and another member as vice chairperson.
(b) A member serving as chairperson or vice chairperson shall
serve until the member's successor as chairperson or vice
chairperson is elected.
(c) The chairperson shall preside at all meetings at which the
chairperson is present. The vice chairperson shall preside at
meetings in the absence of the chairperson and shall perform other
duties as the chairperson directs.
(d) If the chairperson and vice chairperson are absent from a
meeting of the board when a quorum exists, the members who are
present may elect a presiding officer who shall serve as acting
chairperson until the conclusion of the meeting or until the arrival
of the chairperson or vice chairperson.
Sec. 6. The board shall meet at least four (4) times each calendar
year upon the call of the chairperson or the written request of a
majority of the members of the board.
Sec. 7. (a) Four (4) members of the board constitute a quorum.
(b) An affirmative vote of four (4) members of the board is
necessary for the board to take official action.
Sec. 8. Each member of the board is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). Each member of
the board is entitled to reimbursement for travel expenses as
provided in IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 9. The board shall do the following:
(1) Administer, coordinate, and enforce this article.
(2) Adopt rules under IC 4-22-2 for the administration and
enforcement of this article.
(3) Prescribe the:
(A) requirements for; and
(B) form of;
licenses issued or renewed under this article.
(4) Issue, deny, renew, suspend, or revoke licenses under this
article.
(5) In accordance with IC 25-1-7, investigate and prosecute
complaints involving licensees or individuals the board has
reason to believe should be licensees, including complaints
concerning the failure to comply with this article or rules
adopted under this article.
(6) Bring actions in the name of the state of Indiana in an
appropriate circuit court to enforce compliance with this
article or rules adopted under this article.
(7) Establish fees in accordance with IC 25-1-8.
(8) Inspect the records of a licensee in accordance with rules
adopted by the board.
(9) Conduct or designate a board member or another
representative to conduct public hearings on any matter for
which a hearing is required under this article and to exercise
all powers granted under IC 4-21.5.
(10) Maintain the board's records and files.
Sec. 10. The licensing agency shall do the following:
(1) Carry out the administrative functions of the board.
(2) Provide necessary personnel to carry out the duties of this
article.
Chapter 3. Licensing Requirements
Sec. 1. (a) Beginning July 1, 2012, except as provided in
subsection (b), an individual may not perform or offer to perform
heating and cooling contracting without a license to perform
heating and cooling contracting issued by the board under this
article.
(b) This article does not apply to single family residences.
Sec. 2. An application for a license to perform heating and
cooling contracting must be:
(1) made to the board on forms provided by the board; and
(2) accompanied by an application fee in the amount set by
the board.
Sec. 3. (a) Except as provided in section 6 of this chapter, an
individual who applies for a license to perform heating and cooling
contracting must:
(1) meet the written examination requirement set by the
board; or
(2) meet the equivalent examination requirement set by the
board.
(b) An applicant may not be granted a license under this article
if the applicant has had a license issued under this article
suspended or revoked during the preceding seven hundred thirty
(730) days.
(c) An applicant must submit a bond and certificates of
insurance as required by the board.
(d) An applicant must pay the fee established by the board.
Sec. 4. An individual applying for a license to perform electrical
contracting must apply on a form prescribed and provided by the
board.
Sec. 5. An individual who is denied a license under this article
has the remedies prescribed under IC 4-21.5.
Sec. 6. The board may grant a license to an applicant who:
(1) submits satisfactory evidence to the board that the
applicant has been licensed to perform heating and cooling
contracting in another state or country under qualifications
that are substantially equivalent to the qualifications for
licensure under this article; and
(2) pays the fee established by the board.
Chapter 4. Renewal of License
Sec. 1. A license issued by the board is valid for four (4) years
after its date of issuance.
Sec. 2. An individual who applies to renew a license as a heating
and cooling contractor shall:
(1) file a renewal application with the board;
(2) pay a renewal fee established by the board; and
(3) meet other requirements established by the board.
Sec. 3. (a) Renewal notices must be sent in accordance with
IC 25-1-2-6(c).
(b) The renewal fee must be paid in accordance with
IC 25-1-8-2(d).
Sec. 4. If an individual desires to discontinue the practice of
heating and cooling contracting in Indiana, the individual may
select inactive status on the renewal form. The board may grant
inactive status to an individual if the individual:
(1) does not profess to the public to possess a license under
this article;
(2) maintains continuing competency requirements as
established by the board; and
(3) pays a fee established by the board.
Chapter 5. Discipline and Violations
Sec. 1. The board may take disciplinary action against a licensee
for any of the following violations:
(1) Violating this article or rules adopted by the board under
this article.
(2) Making a false or materially misleading representation in:
(A) a license application form or renewal form; or
(B) information provided to the board.
(3) Failing to pay fees or civil penalties required under this
article.
(4) Communicating to the public false or misleading
information concerning the license held.
Sec. 2. The procedures set forth in IC 4-21.5 govern the board's
conduct of disciplinary hearings.
Sec. 3. The board may summarily suspend a license for up to
ninety (90) days before a final adjudication or during an appeal of
the board's determination if the board finds that the licensee
represents a clear and immediate danger to the public's health,
safety, or property if the licensee is allowed to practice heating and
cooling contracting. The summary suspension may be renewed,
upon a hearing before the board, for up to ninety (90) days.
Sec. 4. (a) If the board determines that an individual not
licensed under this article is engaged in or believed to be engaged
in activities for which a license is required under this article, the
board may issue an order to the individual requiring the individual
to show cause why the individual should not be ordered to cease
and desist from the activities. The show cause order must set a
date, time, and place for a hearing at which the affected individual
may appear and show cause as to why the individual should not be
subject to licensing under this article.
(b) If the board, after a hearing, determines that the activities
in which the individual is engaged are subject to licensing under
this article, the board may issue a cease and desist order that
describes the individual and activities that are the subjects of the
order.
(c) A cease and desist order issued under this section is
enforceable in the circuit or superior courts.
Sec. 5. An individual who knowingly or intentionally:
(1) performs or offers to perform heating and cooling
contracting without being licensed or without being exempt
from licensing under Indiana law;
(2) presents as the individual's own the license of another;
(3) intentionally gives false or materially misleading
information of any kind to the board or to a board member in
connection with licensing matters;
(4) impersonates a licensee;
(5) uses an expired, suspended, or revoked license; or
(6) otherwise violates this article;
commits a Class B misdemeanor.
Sec. 6. An individual who applies for and is denied a license or
a licensee who is aggrieved by an order or a determination of the
board is entitled to a judicial review under IC 4-21.5.
Sec. 7. The attorney general shall act as the legal adviser for the
board and provide any legal assistance necessary to carry out this
article.
(b) The governor shall make the initial appointments to the board not later than October 1, 2011. In making an initial appointment, the governor shall indicate the length of the term for which the individual is appointed.
(c) The initial terms of office for the seven (7) individuals appointed to the board by the governor are as follows:
(1) Two (2) members for a term of four (4) years.
(2) Two (2) members for a term of three (3) years.
(3) Two (2) members for a term of two (2) years.
(4) One (1) member for a term of one (1) year.
(d) The initial term of office for the members of the board begins October 1, 2011.
(e) An individual who does not meet the requirements of IC 25-20.1-3, as added by this act, may be appointed to the board under IC 25-20.1-2, as added by this act, if the individual:
(1) meets the requirements under IC 25-20.1-2 and IC 25-20.1-3, as added by this act;
(2) has been actively engaged in heating and cooling contracting for at least five (5) years immediately before the individual's appointment; and
(3) obtains a license under IC 25-20.1-3, as added by this act, not later than July 1, 2012.
(f) A board member appointed under subsection (e) who does not obtain the license required by IC 25-20.1-3, as added by this act, on or before July 1, 2012, is considered to have resigned from the board on that date, and the governor shall fill the vacancy.
(g) Not later than January 1, 2012, the board shall adopt rules under IC 4-22-2 to carry out this act.
(h) This SECTION expires October 1, 2012.
