CHAPTER 1. REGULATION OF PLUMBERS; CREATION OF COMMISSION; LICENSING
IC 25-28.5
ARTICLE 28.5. PLUMBERS
IC 25-28.5-1
Chapter 1. Regulation of Plumbers; Creation of Commission;Licensing
IC 25-28.5-1-1
Declaration of policy
Sec. 1. It is hereby declared to be the policy of the State of Indianathat, in order to safeguard the life, health, and public welfare of itscitizens, the business of plumbing construction and improvements isa matter affecting the public interest, and any person engaging in thebusiness as herein defined should be required to establish hiscompetency and qualifications to be licensed as herein provided.
(Formerly: Acts 1972, P.L.188, SEC.1.)
IC 25-28.5-1-2
Definitions
Sec. 2. As used in this chapter:
(1) "Plumbing" means the practice of and the materials andfixtures used in the installation, maintenance, extension, andalteration of all piping, fixtures, appliances, and appurtenances inconnection with any of the following:
(A) Sanitary drainage or storm drainage facilities, the ventingsystem, and the public or private water supply systems, withinor adjacent to any building or structure.
(B) The practice and materials used in the installation,maintenance, extension, or alteration of the stormwater, liquidwaste, or sewerage, and water supply systems of any premisesto the private property line or to their connection with any pointof public disposal or other acceptable terminal.
The term does not include the planning, designing, and installationof sanitation and water systems in vehicles commonly known asmobile homes, the drilling of wells, the installation of pumps,pressure tanks, and piping incidental to the drilling or repair of a wellsystem, the sale or installation of water softening equipment andapparatuses and services of the same, or the business ofmanufacturing or selling plumbing fixtures; appliances, equipment,or hardware; the installation of automatic sprinklers, the overhead orunderground water supplies or standpipes when connected to anautomatic sprinkler system or to their related devices orappurtenances connecting thereto; nor does the term include the workreferred to in section 32(i) of this chapter; nor does the term includethe planning or design of water supply or sewage systems whichwould ordinarily be performed as "the practice of engineering", asdefined in IC 25-31-1, or the "practice of architecture", as defined inIC 25-4-1.
(2) "Plumbing contractor" means any person who, forcompensation, undertakes to, or submits a bid to, or does himself or
herself or by others, construct, repair, alter, remodel, add to, subtractfrom, or improve plumbing and who is responsible for substantiallyall the plumbing within the entire project, or one who fabricates unitsor plumbing substantially completed and ready for installation.
(3) "Journeyman plumber" means a person who engages or offersto engage in, as an occupation or trade, the construction, installation,alteration, maintenance, repair, remodeling, or removal andreplacement of plumbing under the supervision, direction, andresponsibility of a licensed plumbing contractor.
(4) "Maintenance man" means a person who is employed on apermanent basis to keep the premises of a business establishment ingood repair.
(5) "Contracting" means, except as exempted in this chapter,engaging in a business as a contractor.
(6) "Person" means a natural person, except in the case of aplumbing contractor, in which case it may mean the partners ormembers of a partnership, limited partnership, or any form ofunincorporated enterprise, owned by two (2) or more persons, and asapplied to "corporation" in addition to the corporate entity means theofficers or directors and employees thereof.
(7) "Commission" means the Indiana plumbing commissioncreated by this chapter.
(8) "License" means a certificate issued by the commissionestablished by this chapter which confers upon the holder theprivilege to act as a plumbing contractor or a journeyman plumber asdefined in this chapter.
(9) "Farmstead" means a farm dwelling together with otherbuildings, structures, equipment, piping, and other plumbingmaterials and supplies, located upon a parcel of real estate usedprimarily for agricultural purposes located outside the corporatelimits of a municipality and not connected to a public water supply.
(10) "Licensing agency" means the Indiana professional licensingagency established under IC 25-1-5-3.
(11) "Apprentice plumber" means an individual who:
(A) is learning the plumbing trade; and
(B) is under the direction and immediate supervision of alicensed plumbing contractor or a licensed journeymanplumber.
(12) "Registration" means the granting of a certificate by thecommission that authorizes an individual to act as an apprenticeplumber.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.202; P.L.132-1984, SEC.36; P.L.248-1985, SEC.1;P.L.1-2006, SEC.469.
IC 25-28.5-1-3
Indiana plumbing commission; creation; administration andenforcement of chapter
Sec. 3. The Indiana plumbing commission is hereby created. Thecommission shall have general charge of the administration and
enforcement of this chapter.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1980,P.L.166, SEC.1.
IC 25-28.5-1-4
Members of commission; appointment; terms; vacancies; dualoffice holding prohibited
Sec. 4. (a) The commission shall consist of six (6) members to beappointed by the governor. Each member appointed shall be a citizenand resident of this state. Two (2) of the members shall be activelyengaged in the plumbing contracting business for not less than five(5) years immediately prior to his appointment or shall have had ten(10) years experience in the plumbing contracting business. Two (2)of the members shall be persons who for not less than five (5) yearsimmediately prior to their appointment have been employed asjourneymen plumbers. One (1) member shall be the commissioner ofthe state department of health or a member of the commissioner'sprofessional staff. One (1) member, appointed to represent thegeneral public, may never have been associated with plumbing in anyway other than as a consumer. The term of all members of thecommission shall be for three (3) years and until their successors areappointed and qualified.
(b) Members appointed by the governor to fill vacancies shallhold office for the unexpired term. At no time shall there be morethan four (4) members of the same political faith on the commission.No person, other than the representative of the state department ofhealth, shall act as a member of the commission while holdinganother elective or appointive office either state or federal.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.203; Acts 1982, P.L.113, SEC.68; P.L.8-1984,SEC.120; P.L.20-1991, SEC.6; P.L.2-1992, SEC.778.
IC 25-28.5-1-5
Compensation of members of commission
Sec. 5. The members of the commission shall receive no salary,but are entitled to reimbursement for traveling and other expenses asprovided in the state travel policies and procedures, established bythe department of administration and approved by the state budgetagency.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1980,P.L.166, SEC.2.
IC 25-28.5-1-6
Organization and records of commission
Sec. 6. The commission shall annually organize and select one (1)of the members as chairman and one (1) of the members to serve assecretary, both to serve for a term of one (1) year. The commission,through the licensing agency, shall keep a record of all itsproceedings, transactions, communications, official acts, and recordsand shall perform said other duties as required by law.(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.204; P.L.132-1984, SEC.37.
IC 25-28.5-1-7
Duties of commission
Sec. 7. The commission shall do the following:
(1) Adopt a seal with the words "Indiana PlumbingCommission" and such other device as may be selected bywhich it shall authenticate the acts of the commission. Copiesof all records and papers, when certified by the secretary andissued under the seal of the commission, shall be received inevidence in all cases equally and with like effect as the originalcommission records.
(2) Prescribe the form of licenses and issue the same under itsseal. All such licenses, while in force, shall be under thesupervision and control of the commission.
(3) Issue licenses as plumbing contractors and journeymenplumbers, to any person who qualifies and complies with theprovisions of this chapter and pay required license fees.
(4) Adopt rules in accordance with IC 4-22-2 which establishstandards for the competent practice of plumbing.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.205; P.L.132-1984, SEC.38; P.L.2-2005, SEC.66.
IC 25-28.5-1-8
Powers of commission
Sec. 8. The commission may:
(1) Adopt and promulgate rules and regulations for its guidanceand for the regulation of its business and procedure consistentwith the provisions of this chapter and in the manner providedin IC 4-22-2.
(2) Enter into such other contracts and authorize expendituresas its duties require, subject to the provisions of this chapter andIC 25-1-6.
(3) Do all things necessary for carrying into effect theprovisions of this chapter.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.206; P.L.2-2005, SEC.67.
IC 25-28.5-1-9
Meetings of commission; notice; quorum; record
Sec. 9. The secretary shall call all meetings of the commission asdirected by the chairman or upon request in writing by two (2)members, and at such time and places, within the state of Indiana asthe commission business may require. Sufficient notice shall begiven to permit members to attend all meetings. The presence of four(4) members of the commission in attendance at a commissionmeeting subject to notice as herein required, shall constitute aquorum for the transaction of commission business. Meetings of thecommission may be held pursuant to written waiver of notice signed
by all the members of the commission. A record shall be kept of allproceedings at meetings and of the vote taken on each act ortransaction of the commission and a majority vote of all membersshall be required to bind the commission.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.207.
IC 25-28.5-1-10
Office and supplies of commission; employees
Sec. 10. (a) The department of administration shall provide officespace, furniture, and necessary supplies and the office files, records,and property of the commission.
(b) The licensing agency shall provide the board with employeesnecessary to administer the provisions of this chapter.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.208; P.L.132-1984, SEC.39.
IC 25-28.5-1-11
Unlawful acts
Sec. 11. It shall be unlawful for any person to act in the capacityof a plumbing contractor or journeyman plumber within this statewithout first obtaining a license as a plumbing contractor orjourneyman plumber from the commission. This chapter howeverdoes not apply to helpers, laborers, registered apprentices, and otheremployees of a plumbing contractor or journeyman plumber, who donot in any manner hold themselves out to the public as beingplumbers.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.209; P.L.248-1985, SEC.2.
IC 25-28.5-1-12
Licensing requirements; apprenticeship; nonresidents
Sec. 12. (a) Except as otherwise provided in this chapter, a naturalperson over the age of eighteen (18) years who resides in Indiana andany corporation which satisfies the further requirements of thischapter may be licensed by the commission as a plumbing contractor.Except as otherwise provided by this chapter, a natural person overthe age of eighteen (18) years may be licensed by the commission asjourneyman plumber.
(b) A person who desires to be licensed as a plumbing contractoror journeyman plumber is eligible for such a license upon thesuccessful taking of the examination provided in section 15 of thischapter.
(c) To qualify for a journeyman plumber examination undersubsection (b), an applicant who is an Indiana resident must provideevidence that the applicant has completed at least four (4) years in anapprenticeship program approved by the commission or present tothe commission a notarized statement providing evidence that theapplicant has at least four (4) years of experience in the plumbingtrade in employment as set forth in section 32(2), 32(6), or 32(7) of
this chapter. To qualify for a plumbing contractor licenseexamination under subsection (b), an applicant who is an Indianaresident must provide evidence that the applicant has completed atleast four (4) years in an apprenticeship program approved by thecommission or present to the commission a notarized statementproviding evidence that the applicant has at least four (4) years ofexperience in the plumbing trade in employment as set forth insection 32(2), 32(6), or 32(7) of this chapter, or has worked in aplumbing business under the direction of a licensed plumbingcontractor for at least four (4) years.
(d) An applicant who is not an Indiana resident may qualify totake an examination under subsection (b) in the following manner:
(1) If the applicant holds a license in a state that does not havea reciprocity agreement with Indiana, the applicant must presentthe license to the commission to be eligible to take theexamination.
(2) If the applicant resides in a state that does not have licensingrequirements, the applicant before taking the examination mustmeet the appropriate requirements of subsection (b).
(e) If the applicant holds a license in a state that has a reciprocityagreement with Indiana, the appropriate license shall be issuedautomatically.
(Formerly: Acts 1972, P.L.188, SEC.1; Acts 1973, P.L.252, SEC.13.)As amended by Acts 1981, P.L.222, SEC.210; P.L.20-1991, SEC.7;P.L.194-2005, SEC.69.
IC 25-28.5-1-13
Application for license; corporations, partnerships, or associations;requisites
Sec. 13. (a) A person wishing to be licensed as a plumbingcontractor or journeyman plumber must file with the commission awritten application, on a form provided by the commission, thatcontains information the commission considers necessary todetermine the qualifications of the applicant.
(b) All members of a firm, a copartnership, or an association whoengage in the activities defined in this chapter as those of a plumbingcontractor must be individually licensed as a plumbing contractor. Inthe case of a limited partnership, only the general partner must belicensed under this chapter.
(c) In the case of a corporation engaged in the business of aplumbing contractor, the corporation must be licensed as a plumbingcontractor and must file with the commission an application asprovided for in this chapter. A corporation may not be licensed as aplumbing contractor unless one (1) of the officers or employees ofthe corporation holds a valid license as a plumbing contractor issuedby the commission. Where a license is issued to a corporation, atleast one (1) officer or employee of the corporation must be:
(1) licensed as a plumbing contractor;
(2) designated in the application; and
(3) named in the license. (d) An officer or employee of a corporation desiring to act as aplumbing contractor in connection with the business of thecorporation must take out a separate plumbing contractor's license inthe officer's or employee's own name.
(e) An application must be signed by the applicant, or theapplicant's duly authorized officer or officers. The applicant mustmake a statement that the applicant has not been convicted of:
(1) an act that would constitute a ground for disciplinarysanction under IC 25-1-11; or
(2) a felony that has a direct bearing on the applicant's ability topractice competently.
(f) A business that provides plumbing services and is required tofile a certificate of assumed business name under IC 23-15-1 mustregister the name, address, and telephone number of the businesswith the commission.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.211; Acts 1982, P.L.113, SEC.69; P.L.241-1989,SEC.1; P.L.143-1990, SEC.4; P.L.214-1993, SEC.60.
IC 25-28.5-1-14
Refusal to examine or license
Sec. 14. Upon the filing of an application, the commission mayinvestigate the statements contained therein and, if it finds thestatements to be untrue, may refuse to examine or license theapplicant.
(Formerly: Acts 1972, P.L.188, SEC.1.)
IC 25-28.5-1-15
Examinations
Sec. 15. (a) Except as otherwise provided, individual applicantsfor a license as a plumbing contractor or journeyman plumber mustpass an examination. The contents of the examination must, for eachlicense category, test the current level of skills required of persons tobe licensed in that category.
(b) Examinations may be conducted at times and locations thecommission may prescribe.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended byP.L.241-1989, SEC.2.
IC 25-28.5-1-16
Preparation and administration of examination
Sec. 16. The commission or the commission's designee shallprepare and administer examinations for each license category. Thesubject matter to be covered and the passing grade for licensing shallbe established and made known to the applicants prior to the date ofthe examination.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended byP.L.241-1989, SEC.3.
IC 25-28.5-1-17 Reexamination
Sec. 17. (a) An applicant who fails the applicant's firstexamination for a license as a plumbing contractor or journeymanplumber may be reexamined.
(b) Reexamination of an applicant who fails the examination aftertwo (2) attempts may be conditioned on the satisfactory completionof additional study or training as prescribed by the commission.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended byP.L.241-1989, SEC.4.
IC 25-28.5-1-18
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-28.5-1-18.1
Apprentice plumber; application for registration; certificate ofregistration
Sec. 18.1. (a) An individual age seventeen (17) years or olderwanting to be registered by the commission as an apprentice plumbershall, on a form provided by the commission, make application forregistration. The applicant shall also provide to the commission astatement signed by a licensed plumbing contractor or journeymanplumber who is the employer of the applicant that the prospectiveapprentice is the employer's employee and will work under the directand immediate personal supervision of a licensed contractor orjourneyman plumber.
(b) If the commission approves the application for registration, itshall issue a certificate of registration as an apprentice plumber to theapplicant.
As added by P.L.248-1985, SEC.3.
IC 25-28.5-1-18.3
Expiration of license
Sec. 18.3. A plumbing contractor's license expires upon the deathof the individual to whom it was issued.
As added by P.L.248-1985, SEC.4.
IC 25-28.5-1-18.5
Temporary plumbing contractor's license; issuance
Sec. 18.5. Notwithstanding section 12 of this chapter, thecommission may issue a temporary plumbing contractor's license toan applicant who has an ownership interest in or is an officer of acontracting business if the plumbing contractor licensee operating thebusiness has died or is physically or mentally unable to operate thebusiness. The commission may issue the license for the periodneeded to dispose of the contracting business or to otherwise meetthe emergency giving rise to the need for the license. However, atemporary contractor's license may not be issued for a period,including all renewals, exceeding two (2) years.
As added by P.L.248-1985, SEC.5.
IC 25-28.5-1-19
Reciprocity
Sec. 19. Upon the payment of the required fee, an applicant whois a plumbing contractor or journeyman plumber licensed orregistered in another state, territory, country, or province, shallwithout examination, be granted a license as a plumbing contractoror journeyman plumber by the Indiana Plumbing Commission:
Provided, That
(a) No such applicant shall be granted a license in a category heis not licensed in another state.
(b) The individual applicant for a license as a plumbing contractoror a journeyman plumber shall be at least eighteen (18) years of age.
(c) The requirements for the licensing or registration of plumbingcontractors or journeyman plumbers in such other state, territory,country, or province, were, at the date of the applicant's lastregistration or licensing, substantially equal to the requirements inforce in this state; and: Provided, That the same privilege ofregistration or licensing is accorded by said state, territory, countryor province to licensees of the State of Indiana.
(Formerly: Acts 1972, P.L.188, SEC.1; Acts 1973, P.L.252, SEC.14.)As amended by Acts 1981, P.L.222, SEC.212.
IC 25-28.5-1-20
Nonresident applicants; service of process
Sec. 20. (a) Nonresident applicants for a license to act as aplumbing contractor or journeyman plumber in Indiana shall file awritten application with the commission on a form to be provided bythe commission. The nonresident applicant shall also file a certifiedcopy of his license, or certificate of registration as a plumbingcontractor or journeyman plumber in the state wherein he resides.
(b) In addition, every nonresident applicant to be licensed as aplumbing contractor or journeyman plumber shall file an irrevocableappointment of the secretary of the commission as his agent forservice of process within this state.
(1) All process served upon the secretary of the commission asagent for a nonresident plumbing contractor or journeyman plumbershall be served in duplicate. One (1) copy shall be filed in the officeof the commission and one (1) copy shall be forwarded to thenonresident licensee or registrant by the secretary by certified mail,return receipt requested.
(2) Service of process upon the secretary, as provided in thissection shall be equivalent to personal service within the state uponthe nonresident licensee or registrant.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.213.
IC 25-28.5-1-21
Repealed
(Repealed by P.L.260-1987, SEC.3.)
IC 25-28.5-1-22
Expiration of license or certificate of registration; renewal; fees
Sec. 22. (a) Every license or certificate of registration issuedunder this chapter expires on a date established by the licensingagency under IC 25-1-6-4 and shall be renewed biennially thereafterupon payment of the required renewal fees.
(b) Applications for renewal shall be filed with the commissionin the form and manner provided by the commission. The applicationshall be accompanied by the required renewal fee. The commission,upon the receipt of the application for renewal and the requiredrenewal fee, shall issue to the renewal applicant a license orcertificate of registration in the category said applicant haspreviously held. Unless a license is renewed, a license issued by thecommission expires on the date specified by the licensing agencyunder IC 25-1-6-4.
(c) A license or certificate of registration lapses without anyaction by the commission if an application for renewal has not beenfiled and the required fee has not been paid by the establishedbiennial renewal date.
(d) If a license or certificate of registration has been expired fornot more than three (3) years, the license or certificate of registrationmay be reinstated by the commission if the holder of the license orcertificate of registration meets the requirements of IC 25-1-8-6(c).
(e) If a license or certificate of registration has been expired formore than three (3) years, the license or certificate of registrationmay be reinstated by the commission if the holder of the license orcertificate of registration meets the requirements for reinstatementunder IC 25-1-8-6(d).
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.214; Acts 1982, P.L.113, SEC.70; P.L.194-2005,SEC.70; P.L.105-2008, SEC.55.
IC 25-28.5-1-23
Fees
Sec. 23. The fees to be charged by and paid to the commission bylicensees for all licenses and license renewals shall be established bythe commission under IC 25-1-8.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1976,P.L.120, SEC.1; Acts 1981, P.L.222, SEC.215; Acts 1982, P.L.113,SEC.71; P.L.84-1998, SEC.26; P.L.194-2005, SEC.71.
IC 25-28.5-1-24
Disposition of fees; expenses of commission
Sec. 24. (a) All fees collected by the commission shall bedeposited with the treasurer of state to be deposited by the treasurerin the state general fund.
(b) All expenses of the commission shall be paid from the stategeneral fund upon appropriation being made therefor in the mannerprovided by law for the making of such appropriations.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1976,
P.L.119, SEC.22; P.L.194-2005, SEC.72.
IC 25-28.5-1-25
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2570.)
IC 25-28.5-1-26
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2570.)
IC 25-28.5-1-27
Investigations; motion of commission or complaint; approval
Sec. 27. Subject to IC 25-1-7, the commission may, upon its ownmotion and shall, upon the verified complaint in writing of anyperson setting forth specifically the wrongful act or acts complainedof, investigate any action or business transaction of any licensee inaccordance with IC 25-1-11. Approval by a majority of all membersof the commission shall be required for any action to be taken.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1977,P.L.172, SEC.44; Acts 1981, P.L.222, SEC.216; P.L.214-1993,SEC.61.
IC 25-28.5-1-27.1
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-28.5-1-28
Proceedings for denial, suspension, or revocation of license; review
Sec. 28. (a) Proceedings before the commission for the suspensionor revocation of any license shall be conducted in the mannerprovided by IC 4-21.5-3.
(b) Any person aggrieved by any action of the commission insuspending or revoking his license or certificate of registration mayseek judicial review by following IC 4-21.5-5.
(c) Any person aggrieved by the commission's action in failing toissue or renew a license or certificate of registration may seekjudicial review by following IC 4-21.5-5.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by P.L.7-1987,SEC.126.
IC 25-28.5-1-29
Record of commission as evidence; conclusiveness of verdicts
Sec. 29. (a) The record of the commission (or a duly certifiedcopy thereof), shall be admissible in any proceedings at law or inequity in any court of competent jurisdiction in this or any other statein which the applicant, licensee or certificate of registration holdercharged or under investigation is a party, and where the issues of anact involved in the proceedings are pertinent to the inquiry before thecommission and the verdict of the jury or judgment of the court inany action at law or the decree of the court in any proceeding in
equity shall be prima facie as the facts at issue in the proceedings andnecessarily adjudicated therein.
(b) The verdict of the court or jury in any criminal prosecution ina court of record of this or any other state in which the applicant,licensee, or certificate of registration holder charged shall have beenthe defendant shall be conclusive as to the facts charged and at issuein such prosecution.
(Formerly: Acts 1972, P.L.188, SEC.1.)
IC 25-28.5-1-30
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-28.5-1-31
Violations
Sec. 31. (a) A person who acts or advertises as a plumbingcontractor or journeyman plumber without first obtaining a licensefrom the commission or who continues to act as a plumbingcontractor or journeyman plumber after the person's license has beensuspended, revoked, or otherwise restricted under IC 25-1-11commits a Class A misdemeanor.
(b) A person who fails to renew the person's license and continuesto act as a plumbing contractor or journeyman plumber after thelicense has expired commits a Class B misdemeanor.
(c) It is unlawful for a plumbing contractor to fail to include one(1) of the following names on written or printed advertising forplumbing services and on vehicles that are used to provide plumbingservices:
(1) The plumbing contractor's name.
(2) The name of the business with which the plumbingcontractor is associated.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1978,P.L.2, SEC.2547; Acts 1981, P.L.222, SEC.218; P.L.241-1989,SEC.5; P.L.214-1993, SEC.62.
IC 25-28.5-1-32
Exceptions to application of chapter
Sec. 32. This chapter does not apply to the following:
(1) Contractors in work on bridges, roads, streets, highways,railroads, or utilities and services incidental to the work.
(2) An authorized employee of the United States, the state, or apolitical subdivision of the state if the employee does notprofess to be for hire and is acting within the scope of theemployee's employment.
(3) An officer appointed by a court when the officer is actingwithin the scope of the officer's office as defined by law orcourt order. When construction projects are not underway at thetime of the appointment of the officer by the court, and thenature of the officer's appointment requires that plumbing mustbe done, the officer must employ or contract with a registered
plumbing contractor or journeyman plumber.
(4) Public utilities with respect to construction, maintenance,and development work performed by their own forces andincidental to their business.
(5) The owner occupant of a dwelling of eight (8) or lessresidential units when the owner occupant is installing, altering,or repairing the plumbing system of the residential units.
(6) Construction, alteration, improvement, or repair of aplumbing system, located on a site, the title of which is in thename of the United States of America, or to construction,alteration, improvement, or repair on a project where federallaw supersedes this article.
(7) An individual who is employed or acts as a maintenanceperson at the individual's place of employment.
(8) Farmsteads, except for buildings built on the farmstead forthe purpose of public or commercial use.
(9) A sewer contractor, sewage disposal contractor, or anexcavation contractor or utility contractor who generallyengages in the business of installing, altering, or repairingsewers, private or public sewage disposal systems, and waterdistribution or drainage lines outside the foundation walls of abuilding.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1980,P.L.166, SEC.4; Acts 1981, P.L.222, SEC.219; P.L.241-1989, SEC.6.
IC 25-28.5-1-33
Political subdivisions; power to regulate
Sec. 33. Nothing in this chapter shall limit the power of politicalsubdivision to regulate the quality and character of work performedby plumbing contractors through the enforcement of building codesand inspections, but no political subdivision shall require anylicensee under this chapter to submit to any other form of licensing:Provided, however, That any political subdivision of this state mayrequire any person licensed as a plumbing contractor under theprovisions of this chapter to register with some public official of saidpolitical subdivision in order that the plumbing inspection officialsof such political subdivision may have the records necessary toinspect the work of persons licensed hereunder. Nothing hereincontained shall prohibit any political subdivision from charging areasonable fee for such registration. Failure to register as required bya political subdivision, upon certification of said failure to thecommission, at the discretion of the commission may constitute abasis for suspension of any plumbing contractor's license issuedunder the provisions of this chapter. Repeated and intentionalviolation of any such registration requirements may at the discretionof the commission constitute a basis for the revocation of a plumbingcontractor's license, said proceeding for suspension or revocation tobe had under the provisions of section 26 of this chapter.
(Formerly: Acts 1972, P.L.188, SEC.1.)
IC 25-28.5-1-34
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-28.5-1-35
Display of license; register available for public inspection
Sec. 35. (a) A plumbing contractor licensee shall prominentlydisplay the licensee's license in the licensee's principal businessoffice. In the case of a partnership or corporation, the license of atleast one (1) partner, member, or officer of the corporation, or thecorporate license, must be displayed.
(b) The license number of a licensed plumbing contractor must berecognizably displayed in all forms of written or printed advertisingfor plumbing services and on all vehicles that are used to provideplumbing services.
(c) A plumbing contractor, partnership, or corporation mustmaintain a register listing:
(1) the name and license number of every plumbing contractorcurrently employed there;
(2) the name and license number of every journeyman plumbercurrently employed there; and
(3) the name and registration number of every apprenticeplumber currently employed there.
The register must be available for public inspection upon request.
(d) A plumbing contractor, journeyman plumber, or apprenticeplumber shall carry a facsimile of that person's license or certificateof registration on a job location where the person is engaged inplumbing contracting or the trade of plumbing. The plumbingcontractor, journeyman plumber, or apprentice plumber shall displaythat person's license or certificate of registration upon the demand ofa state inspector or local building or plumbing inspector in Indianawithin that inspector's local jurisdiction or upon a customer's request.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1981,P.L.222, SEC.220; P.L.248-1985, SEC.7; P.L.241-1989, SEC.7.
IC 25-28.5-1-36
Actions to recover for services by unlicensed or unregisteredplumbers barred
Sec. 36. No action or suit shall be instituted in any court of thisstate to recover compensation for plumbing contracting services, orfor wages for work done which under the provisions of this chapterconstitutes plumbing, by a person who is not licensed or registeredunder the provisions of this chapter.
(Formerly: Acts 1972, P.L.188, SEC.1.)
IC 25-28.5-1-37
Subpoena powers of commission; service and witness fees;enforcement
Sec. 37. The commission conducting a hearing in any particularcase shall have power to subpoena and order production of books and
papers. In any hearing, the process issued by the commission shallextend to all parts of the state and the process shall be served eitherin like manner as are served writs of subpoena in the circuit court orby any person designated by the commission for that purpose. Theperson serving the process shall receive such compensation as maybe allowed by the commission not to exceed the fee prescribed bylaw for similar services in the circuit courts and the fees shall be paidin the same manner as provided in this chapter for fees of witnessessubpoenaed at the instance of the commission. All witnesses whoshall be subpoenaed and who appear in any proceeding before thecommission shall receive the same fees and mileage as allowed bylaw to witnesses in the circuit courts, which amount shall be paid bythe party at whose instance the subpoena was issued or upon whosebehalf the witness has been called. When any witness who has notbeen subpoenaed at the instance of any party to the proceeding shallbe subpoenaed at the instance of the commission the fees andmileage of the witness shall be paid from the funds appropriated tothe use of the commission in the same manner as other expenses ofthe commission are paid.
Where in any proceeding before the commission, any witnessshall fail or refuse to attend upon subpoena issued by the commissionor any of their representatives, or appearing, shall refuse to testify orshall refuse to produce any books and papers the production of whichis called for by the subpoena, the attendance of any witness and thegiving of his testimony and the production of the books and papersrequired shall be enforced by any circuit court of this state.
(Formerly: Acts 1972, P.L.188, SEC.1.)
IC 25-28.5-1-38
Rules and regulations
Sec. 38. The Indiana Plumbing Commission is hereby authorizedand empowered to adopt, fix and establish all rules and regulationsnecessary for the proper administration and enforcement of theprovisions of this chapter.
(Formerly: Acts 1972, P.L.188, SEC.1.) As amended by Acts 1980,P.L.166, SEC.5.
IC 25-28.5-1-39
Loss of bid due to chapter violations; injunctive relief
Sec. 39. (a) As used in this section, "person" means an individual,a corporation, a partnership, or other legal entity.
(b) If a person submits a written competitive bid for a projectinvolving the:
(1) alteration;
(2) construction;
(3) conversion;
(4) improvement;
(5) modernization;
(6) rehabilitation;
(7) remodeling; (8) renovation;
(9) repair; or
(10) replacement of plumbing;
and that bid is not accepted because another person knowinglyviolated this chapter, a person described in subsection (c) may bringa civil action to enjoin the person who violated this chapter fromperforming any activity under the competitive bid.
(c) The following persons may bring an action for injunctive reliefunder subsection (b):
(1) The person who did not receive the bid.
(2) An organization or association that represents plumbers.
As added by P.L.20-1991, SEC.8.