(A) Except as otherwise provided in this subchapter, any business entity which conducts business in unincorporated Lake County, Indiana as a contractor or specialty contractor is required to be licensed by the Board. Any business entity which satisfies all the requirements of this subchapter shall be issued a license by the Board.
(B) A business entity attempting to obtain a license as a contractor or specialty contractor shall file a written application on forms supplied by the Board and shall include exhibits, material, and information required and specified on the forms. All forms are approved at the discretion of the Board and may be updated from time-to-time with the approval of the Board.
(C) The application shall be filed on behalf of the business entity and shall also contain the name of, and be signed by, the individual who manages said business. Where a license is issued, authority to transact business thereunder as a contractor or specialty contractor shall be limited to one individual named in the application and the license as the license holder. In the event the license holder leaves the business entity, the license becomes null and void.
(D) All applications shall also be signed by the individual designated as the license holder and shall be accompanied by a recommendation as to the character and honesty of the applicant from two residents of this county who are not related to the applicant, or in the case of a corporation, to its officers.
(E) Every application shall be accompanied by two recent photographs of the license holder (size one and one-half inch by two inches).
(F) Upon the filing of an application, the Board shall investigate the information contained therein and, if any such information is found to be untrue, may refuse to examine or license the applicant.
(G) Except as hereinafter provided, all applicants for a license shall submit to and pass an oral interview and written examination. The contents of the examination herein required shall be developed and adopted by the Board or other independent testing agency and shall test the level of skill of the potential license holder in the field in which the license is sought. Plumbers who possess a valid Indiana Plumbing Contractor's License are not required to take a written test, but must be licensed by the Board to perform work in the unincorporated areas of Lake County, Indiana. In addition to plumbing contractors, this also applies to other professions that are required to pass examinations and be licensed by the Indiana Professional Licensing Agency.
(H) Upon receipt of application and proof of fee payment as prescribed in this subchapter, it shall be the duty of the Board to set a date for examination and to notify the applicant(s) in writing at least five days before the examination.
(I) Any applicant who fails to qualify for a license as a contractor or specialty contractor may be re-examined at the next succeeding date for examinations. But, in any event, any applicant who fails to pass the written examination on two successive attempts shall be ineligible for re-examination for one year subsequent to the date of the last examination he or she failed to pass.
(J) Before a license is issued by the Board to any applicant, I.C. 22-11-3.1 et seq. requires the applicant to file a unified license bond with the Lake County Recorder's Office in the amount of $5,000. The bond shall be issued by a surety authorized to do business in Indiana and be conditional upon the observance of the ordinances, regulations, and laws of the County of Lake and the State of Indiana relative to contracting, building, zoning, and construction.
(K) (1) All applicants and licensees shall provide to the Board proof of liability insurance for property damage and personal injury in the amount of not less than $500,000 for each occurrence, or an annual umbrella policy of $1,000,000 before a license can be issued or renewed.
(2) Such a certificate of insurance or insurance policy shall be filed with the Lake County Plan Commission after the certificate of insurance or insurance policy is filed with the Lake County Recorder in the same manner as the county unified bond.
(3) If, during the term of a license, the insurance certificate or policy expires, is revoked, rescinded, canceled, or coverage is otherwise terminated or if the insurance company ceases doing business, goes bankrupt, is placed in receivership or there is other reason to believe it will not be able to meet its obligations the license for which it has been obtained shall be deemed immediately suspended until such time as a new certificate or policy is recorded and filed with the Plan Commission. Any applicant, licensee or license holder who fails to notify the Board of any such problems with his or her insurance policy, certificate, or company of which he or she is aware shall be subject to punishment by the Board including, but not limited to, suspension, revocation of the license, fine, permanent ineligibility for obtaining any license from the Board.
(L) If an applicant fails to appear for their oral interview (after proper notification) at two successive regularly scheduled Board meetings, his or her application will become void. If his or her license becomes void, in order to receive a license the applicant must apply as if he or she were making an initial application. Under this provision, voiding an applicants license forfeits the original application and testing fees and any passing grade received on an examination.
(M) A license issued by the Board is valid until the contractor to whom the license was issued fails to perform any work under that license for a period of five years, in which case the license expires. If a contractor allows his or her license to expire, he or she shall be required to apply for a new license (as if he or she were making an initial application). Prior to the five year period (after which a license expires), a contractor may validate his or her license by paying all required periodic renewal fees to bring his or her license up to date. For example, a contractor receives a license for the 1990 calendar year and does not renew his or her license after 1990. In July of 1995 the same contractor is awarded a bid for a job under the jurisdiction of this subchapter. He or she may then renew his or her license by paying required license fees for 1991, 1992, 1993, 1994 and 1995, in addition to other provisions and requirements of this subchapter (e.g. current liability insurance).
(N) If a contractor who is issued a license by the Board allows his or her license to expire, he or she is required to apply for a new license.
(O) Upon receipt of an application for a license from an applicant, the Board shall make such investigation as it deems necessary to determine the fitness of the applicant for his or her license. In the event the Board determines after the investigation that a question exists as to whether the application for a license under consideration should be approved, it shall so advise the applicant and he or she shall, thereafter, within 30 days show cause to the Board why his or her license should be approved. The Board shall issue a written decision after reviewing the evidence submitted by the applicant and, if the decision is to deny the renewal, the Board shall state in the written decision the reason(s) for denial.
(P) The fee for licenses shall be as follows:
(1) An application and processing fee of $50 and initial examination fee of $250 shall accompany an application for any contractor or specialty contractor license.
(2) If a subsequent (or second) exam is necessary because of failure of the initial exam, an examination fee of $50 shall be required prior to scheduling of the second examination.
(3) An additional fee of $100 shall be required for the initial issuance of a license.
(Q) All fees assessed and collected pursuant to this subchapter shall be paid into the Treasury of Lake County, Indiana, and shall be credited to the County General Fund.
(R) All construction work in progress on the effective date of the original passage of this subchapter shall be allowed to be completed without the issuance of a license.
(S) In the event a licensee or license holder shall have been convicted of a felony for extortion, forgery, embezzlement, or criminal conspiracy to defraud, or other like offense indicative of dishonesty, and a duly certified or exemplified copy of the record in the proceeding is filed with the Board, the Board shall revoke the license.
(Prior Code, § 151.080) (Ord. 1628, passed 6-13-1995; Ord. 2312, passed 8-10-2010)