§ 150.012 LICENSE REQUIREMENTS.
   (A)   Electrical Examining Board.
      (1)   To carry out the provisions of this section, there is hereby recreated, and also continued, as previously created and established, a board for the examination and licensing of persons engaged in installing electrical systems, to be known as the “Electrical Examining Board of the City of Richmond, Indiana”. The Electrical Examining Board (referred to below as the “Board”) shall examine applicants for licenses under this section, issue certificates of license to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required, and revoke or suspend any license after just cause shown before such Board.
      (2)   Any member of the Board, so serving under previous appointments at the time this subchapter takes effect, shall continue to serve pursuant to their previous appointments. Thereafter, the Board shall consist of four members. One member shall be the Director of the city’s Enforcement Authority or his or her duly authorized representative. Three members shall be appointed by the Mayor as follows: two licensed electrical contractors; and one person employed in a supervisory capacity at Richmond Power and Light. Members shall serve for a term of four years and shall hold office at the pleasure of the Mayor. Each term shall expire on December 31 of the fourth year. However, each member shall continue to serve until a successor is appointed. Vacancies occurring within a term shall be filled by the Mayor for the unexpired portion of the term. Each Board member, not employed by the city, shall receive $12.50 for each regular meeting of the Board he or she attends and shall receive $25 for each special meeting of the Board he or she attends.
      (3)   At least once each quarter, the Board shall examine applicants for licenses; provided that, any such applications are pending. The Board may also meet at the call of the Chairperson of the Board, and provide for examinations at other times.
      (4)   The Board shall keep minutes of all meetings and a record of all licenses issued and shall adopt a printed manual of its rules and regulations for the conduct of meetings and examinations.
      (5)   Three members of the Board shall constitute a quorum for the transaction of business, but any action taken at a meeting shall require the affirmative vote of at least three members.
      (6)   No new license under this section shall be issued without written approval by the Board.
   (B)   Electrical license.
      (1)   General. All persons performing any installation, alteration or repair of any electrical wiring, devices, panels or equipment in the city or within the service area of Richmond Power and Light shall be required to be licensed by the city as an electrical contractor or shall be in the employ of a licensed electrical contractor working under the supervision, direction and responsibility of said licensed contractor.
      (2)   Non-transferability and non- negotiability. Any license issued under this section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or loan such license to the use of any other person, firm or corporation to enable such person, firm or corporation to work on a job without obtaining the proper license or permit.
      (3)   Issuance of permits. It shall be the responsibility of licensed electrical contractors to secure permits required by the provisions of this subchapter prior to commencing work. All work performed pursuant to a permit issued to a licensed contractor shall be the sole responsibility of said contractor and the contractor’s license bond shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this subchapter. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by said contractor, except persons in his or her employ.
      (4)   Exemption. No license under this section is required for the execution or performance of the following electrical work:
         (a)   Installation of communications systems, installations in recreational vehicles and installations not covered by the state’s Electrical Code;
         (b)   The performance of electrical work in a one-family dwelling by the owner-occupant of the dwelling; provided, however, that, this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform such electrical work on that dwelling; and
         (c)   The maintenance or servicing of an existing electrical system for the purpose of maintaining it in a safe operating condition in conformance with the provisions of this subchapter.
      (5)   Application. Each applicant shall apply in writing to the Board for a license at least 30 days before the next scheduled examination date. The application shall include:
         (a)   The applicant’s name, address, telephone number and age;
         (b)   The applicant’s number of years of experience in the trade;
         (c)   The applicant’s present place of employment;
         (d)   Any license currently held by the applicant for another jurisdiction; and
         (e)   Payment of a $10 fee and whatever fee may be assessed by any private independent testing agency, should such an agency be used.
      (6)   Examination. To qualify for a new license, an applicant must earn a score of not less than 75% correct answers to a written examination to be given by the Board. The examination may be prepared by a private independent testing company or may be prepared by the Board. The examination may be designed to be taken using open reference books approved by the Board. An applicant who fails to pass an examination may not be re-examined earlier than the next scheduled examination upon submitting a new application in compliance with this section. An applicant who passes the examination shall not be required to retake the examination to obtain a license renewal, if he or she meets the renewal requirements as specified below. If a private independent testing agency is utilized, the Board shall grant a license to any applicant who has previously taken and scored at least 75% on the same exam in another jurisdiction. Such applicants must complete an application for a license, pay a fee and provide a license bond as required by this subchapter. The Board may require a letter of verification from the jurisdiction or institution where the applicant was previously examined.
      (7)   License bond. Each applicant approved to be granted an electrical contractor’s license must also provide a license bond, payable to the city in the penal sum of $5,000 conditioned upon faithful compliance with the provisions of this subchapter as it pertains to the regulation of electrical work and apparatus and agreeing to pay all damages, costs and expenses caused by the negligence of the licensee through failure to comply with such provisions.
      (8)   Issuance of certificate of license.
         (a)   The Board shall examine the application, the accompanying documentation, other information provided and examination results and shall grant or deny the license applied for. Appeal from the denial, suspension or revocation of any license by the Board shall be made to the Board of Public Works and Safety of the city.
         (b)   The Board shall issue a license to any applicant who has complied with all requirements of the application, including, but not limited to, the filing of a bond and payment of the prescribed license fee.
         (c)   Each certificate of license shall be issued to an individual and not to a company or corporation. The certificate of license shall specify the name of the person to whom the license is issued and the expiration date of the license. The certificate of license shall be posted in a conspicuous place in the licensee’s principal place of business.
      (9)   Term of license; renewal.
         (a)   Term. The term of each license under this section is from the date of issuance of a new license or January 1 of a renewal license through and including December 31 of each calendar year.
         (b)   Renewal. A person is eligible for a renewal license if he or she holds a valid and unrevoked license under this section and complies with the applicable license bond requirements of this subchapter. Each license shall be renewed by June 30 of the next calendar year.
      (10)   Revocation. This section does not revoke outstanding licenses. The adoption of this subchapter shall not operate to automatically revoke the license of any person who has heretofore been granted a license by any prior board. However, all licenses shall be subject to the provisions of this subchapter and may be suspended or revoked upon a determination of just cause.
   (C)   Heating and Air Conditioning Examining Board.
      (1)   To carry out the provisions of this section, there is hereby recreated, and also continued, as previously created and established, a Board for the examination and licensing of persons engaged in installing heating and air conditioning equipment to be known as the Heating and Air Conditioning Examining Board of the city. The Heating and Air Conditioning Examining Board (referred to below as the “Board”) shall examine applicants for licenses under this section, issue certificates of licenses to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required, and revoke or suspend any license after just cause shown before such Board.
      (2)   Any members of the Board, so serving under previous appointments at the time this subchapter takes effect, shall continue to serve pursuant to their previous appointments. Thereafter, the Board shall consist of four members. One member shall be the Director of the city’s Enforcement Authority or his or her duly authorized representative. Three members shall be appointed by the Mayor as follows: two licensed heating and air conditioning contractors and one person employed in the Inspection Division of the city’s Fire Department. Members shall serve for a term of four years and shall hold office at the pleasure of the Mayor. Each term shall expire on December 31 of the fourth year. However, each member shall continue to serve until a successor is appointed. Vacancies occurring within a term shall be filled by the Mayor for the unexpired portion of the term. Each Board member, not employed by the city, shall receive $12.50 for each regular meeting of the Board he or she attends and shall receive $25 for each special meeting of the Board he or she attends.
      (3)   At least once each quarter, the Board shall examine applicants for licenses; provided that, any such applications are pending. The Board may also meet at the call of the Chairperson of the Board, and provide for examinations at other times.
      (4)   The Board shall keep minutes of all meetings and a record of all licenses issued and shall adopt a printed manual of its rules and regulations for the conduct of meetings and examinations.
      (5)   Three members of the Board shall constitute a quorum for the transaction of business, but any action taken at a meeting shall require the affirmative vote of at least three members.
   (D)   Heating and air conditioning licenses.
      (1)   General. All persons performing any installation or alteration of any heating and air conditioning equipment within the city shall be required to be licensed by the city as a heating and air conditioning contractor or shall be in the employ of a licensed heating and air conditioning contractor working under the supervision, direction and responsibility of said licensed contractor.
      (2)   Non-transferrability and non- negotiability. Any license issued under this section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or loan such license to the use of another person, firm or corporation to enable such person, firm or corporation to work on a job without obtaining the proper license or permit.
      (3)   Issuance of permits. It shall be the responsibility of licensed heating and air conditioning contractors to secure permits required by the provisions of this subchapter prior to commencing work. All work performed pursuant to a permit issued to a licensed contractor shall be the sole responsibility of said contractor’s license bond and shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this subchapter. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by said contractor, except persons in his or her employ.
      (4)   Exemption. No license under this section is required for the execution or performance of the following heating and air conditioning work: the performance of heating and air conditioning work in a one-family dwelling by the owner-occupant of the dwelling; provided, however, that, this exemption does not apply to any person hired by the owner- occupant for compensation to assist or to perform such heating and air conditioning work on that dwelling.
      (5)   Application. Each applicant shall apply in writing to the Board for a license at least 30 days before the next scheduled examination date. The application shall include:
         (a)   The applicant’s name, address, telephone number and age;
         (b)   The applicant’s number of years of experience in the trade;
         (c)   The applicant’s present place of employment;
         (d)   Any license currently held by the applicant for another jurisdiction; and
         (e)   Payment of a $10 fee and whatever fee may be assessed by any private independent testing agency, should such an agency be used.
      (6)   Examination. To qualify for a new license, an applicant must earn a score of not less than 75% correct answers to a written examination to be given by the Board. The examination may be prepared by a private independent testing company or may be prepared by the Board. The examination may be designed to be taken using open reference books approved by the Board. An applicant who fails to pass an examination may not be re-examined earlier than the next scheduled examination upon submitting a new application in compliance with this section. An applicant who passes the examination shall not be required to retake the examination to obtain a license renewal, if he or she meets the renewal requirements as specified below. If a private independent testing agency is utilized, the Board shall grant a license to any applicant who has previously taken and scored at least 75% on the same exam in another jurisdiction. Such applicants must complete an application for a license, pay a fee and provide a license bond as required by this chapter. The Board may require a letter of verification from the jurisdiction or institution where the applicant was previously examined.
      (7)   License bond. Each applicant approved to be granted a heating and air conditioning contractor’s license must also provide a license bond, payable to the city in the penal sum of $5,000 conditioned upon faithful compliance with the provisions of this subchapter as it pertains to the regulation of heating and air conditioning work and apparatus and agreeing to pay all damages, costs and expenses caused by the negligence of the licensee through failure to comply with such provisions.
      (8)   Issuance of certificate of license.
         (a)   The Board shall examine the application, the accompanying documentation and other information provided, examination results and shall grant or deny the license applied for. Appeal from the denial, suspension or revocation of any license by the Board shall be made to the Board of Public Works and Safety of the city.
         (b)   The Board shall issue a license to any applicant who has complied with all requirements of the application, including, but not limited to, the filing of a bond and payment of the prescribed license fee.
         (c)   Each certificate of license shall be issued to an individual and not to a company or corporation. The certificate of license shall specify the name of the person to whom the license is issued, and the expiration date of the license. The certificate of license shall be posted in a conspicuous place in the licensee’s principal place of business.
      (9)   Term of license; renewal.
         (a)   Term. The term of each license under this section is from the date of issuance of a new license or January 1 of renewal license through and including December 31 of each calendar year.
         (b)   Renewal. A person is eligible for a renewal license if he or she holds a valid and unrevoked license under this section and complies with the applicable license bond requirements of this subchapter. Each license shall be renewed by June 30 of the next calendar year.
      (10)   Revocation. This section does not revoke outstanding licenses. The adoption of this subchapter shall not operate to automatically revoke the license of any person who has heretofore been granted a license by any prior Board. However, all licenses shall be subject to the provisions of this subchapter and may be suspended or revoked upon a determination of just cause.
(Prior Code, § 150.14) (Ord. 37-1997, passed - -1997; Ord. 38-2005, passed - -2005)