Indiana Plumbing Licensing Law

Indiana Code · 36 sections

The following is the full text of Indiana’s plumbing licensing law statutes as published in the Indiana Code. For the official version, see the Indiana Legislature.

Ind. Code § 25-20.2-1-1

IC 25-20.2-1-1 Application of article; exclusions

Sec. 1. (a) This article applies to an individual who conducts home inspections for compensation. (b) This article does not apply to the following: (1) An individual who is acting within the scope of the individual's employment as: (A) a code enforcement official for the state or a political subdivision of the state; or (B) a representative of a state or local housing agency or authority acting under the authority of the United States Department of Housing and Urban Development. (2) An individual who is: (A) either: (i) registered as an architect under IC 25-4 ; (ii) registered as a professional engineer under IC 25-31 ; or (iii) licensed as a plumbing contractor or journeyman plumber under IC 25-28.5 ; and (B) acting within the scope of the individual's registration or license. (3) An individual who is licensed under IC 25-34.1 as a real estate broker and is acting within the scope of the individual's license. (4) An individual who is licensed or certified under IC 25-34.1 as a real estate appraiser and is acting within the scope of the individual's license or certificate. (5) An individual who holds a certificate of authority under IC 27-1-27-2 as a public adjuster and is acting within the scope of the individual's certificate. (6) An individual who holds a permit, certificate, or license to: (A) use and apply pesticides; or (B) make diagnostic inspections and reports for wood destroying pests; under IC 15-16-5 and is acting within the scope of the individual's certificate or license. (7) An individual who holds a license from a political subdivision as a tradesperson or home builder and is acting within the scope of the individual's license. As added by P.L.145-2003, SEC.7. Amended by P.L.2-2008, SEC.63; P.L.127-2012, SEC.4.

Ind. Code § 25-20.2-2-6

IC 25-20.2-2-6 "Home inspection"

Sec. 6. "Home inspection" means a visual analysis for the purpose of providing a professional opinion of the condition of a residential dwelling and the dwelling's carports or garages, any reasonably accessible installed components, and the operation of the dwelling's systems, including any controls normally operated by the owner of the dwelling, for the following components: (1) Heating systems. (2) Cooling systems. (3) Electrical systems. (4) Plumbing systems. (5) Structural components. (6) Foundations. (7) Roof coverings. (8) Exterior and interior components. (9) Attic spaces. (10) Basement or crawl space, if any. (11) Any other site aspects that affect the residential dwelling. The term does not include a code compliance inspection. As added by P.L.145-2003, SEC.7. Amended by P.L.163-2014, SEC.1.

Ind. Code § 25-28.5-1-1

IC 25-28.5-1-1 Declaration of policy

Sec. 1. It is hereby declared to be the policy of the State of Indiana that, in order to safeguard the life, health, and public welfare of its citizens, the business of plumbing construction and improvements is a matter affecting the public interest, and any person engaging in the business as herein defined should be required to establish his competency and qualifications to be licensed as herein provided. Formerly: Acts 1972, P.L.188, SEC.1.

Ind. Code § 25-28.5-1-11

IC 25-28.5-1-11 Unlawful acts

Sec. 11. It shall be unlawful for any person to act in the capacity of a plumbing contractor or journeyman plumber within this state without first obtaining a license as a plumbing contractor or journeyman plumber from the commission. This chapter however does not apply to helpers, laborers, registered apprentices, and other employees of a plumbing contractor or journeyman plumber, who do not in any manner hold themselves out to the public as being plumbers. Formerly: Acts 1972, P.L.188, SEC.1. As amended by Acts 1981, P.L.222, SEC.209; P.L.248-1985, SEC.2.

Ind. Code § 25-28.5-1-12

IC 25-28.5-1-12 Licensing requirements; apprenticeship; nonresidents

Sec. 12. (a) Except as otherwise provided in this chapter, a natural person over the age of eighteen (18) years who resides in Indiana and any corporation which satisfies the further requirements of this chapter may be licensed by the commission as a plumbing contractor. Except as otherwise provided by this chapter, a natural person over the age of eighteen (18) years may be licensed by the commission as journeyman plumber. (b) A person who desires to be licensed as a plumbing contractor or journeyman plumber is eligible for such a license upon the successful taking of the examination provided in section 15 of this chapter. (c) To qualify for a journeyman plumber examination under subsection (b), an applicant who is an Indiana resident must provide evidence that the applicant has completed at least four (4) years in an apprenticeship program approved by the commission or present to the commission a notarized statement providing evidence that the applicant has at least four (4) years of experience in the plumbing trade in employment as set forth in section 32(2), 32(6), or 32(7) of this chapter. To qualify for a plumbing contractor license examination under subsection (b), an applicant who is an Indiana resident must provide evidence that the applicant has completed at least four (4) years in an apprenticeship program approved by the commission or present to the commission a notarized statement providing evidence that the applicant has at least four (4) years of experience in the plumbing trade in employment as set forth in section 32(2), 32(6), or 32(7) of this chapter, or has worked in a plumbing business under the direction of a licensed plumbing contractor for at least four (4) years. (d) An applicant who is not an Indiana resident may qualify to take an examination under subsection (b) in the following manner: (1) If the applicant holds a license in a state that does not have a reciprocity agreement with Indiana, the applicant must present the license to the commission to be eligible to take the examination. (2) If the applicant resides in a state that does not have licensing requirements, the applicant before taking the examination must meet the appropriate requirements of subsection (b). (e) If the applicant holds a license in a state that has a reciprocity agreement with Indiana, the appropriate license shall be issued automatically. 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.

Ind. Code § 25-28.5-1-13

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 plumbing contractor or journeyman plumber must file with the commission a written application, on a form provided by the commission, that contains information the commission considers necessary to determine the qualifications of the applicant. (b) All members of a firm, a copartnership, or an association who engage in the activities defined in this chapter as those of a plumbing contractor must be individually licensed as a plumbing contractor. In the case of a limited partnership, only the general partner must be licensed under this chapter. (c) In the case of a corporation engaged in the business of a plumbing contractor, the corporation must be licensed as a plumbing contractor and must file with the commission an application as provided for in this chapter. A corporation may not be licensed as a plumbing contractor unless one (1) of the officers or employees of the corporation holds a valid license as a plumbing contractor issued by the commission. Where a license is issued to a corporation, at least 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 a plumbing contractor in connection with the business of the corporation must take out a separate plumbing contractor's license in the officer's or employee's own name. (e) An application must be signed by the applicant, or the applicant's duly authorized officer or officers. The applicant must make a statement that the applicant has not been convicted of: (1) an act that would constitute a ground for disciplinary sanction under IC 25-1-11 ; or (2) a felony that has a direct bearing on the applicant's ability to practice competently. (f) A business that provides plumbing services and is required to file a certificate of assumed business name under IC 23-0.5-3-4 must register the name, address, and telephone number of the business with 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; P.L.118-2017, SEC.120.

Ind. Code § 25-28.5-1-15

IC 25-28.5-1-15 Examinations

Sec. 15. (a) Except as otherwise provided, individual applicants for a license as a plumbing contractor or journeyman plumber must pass an examination. The contents of the examination must, for each license category, test the current level of skills required of persons to be licensed in that category. (b) Examinations may be conducted at times and locations the commission may prescribe. Formerly: Acts 1972, P.L.188, SEC.1. As amended by P.L.241-1989, SEC.2.

Ind. Code § 25-28.5-1-17

IC 25-28.5-1-17 Reexamination

Sec. 17. (a) An applicant who fails the applicant's first examination for a license as a plumbing contractor or journeyman plumber may be reexamined. (b) Reexamination of an applicant who fails the examination after two (2) attempts may be conditioned on the satisfactory completion of additional study or training as prescribed by the commission. Formerly: Acts 1972, P.L.188, SEC.1. As amended by P.L.241-1989, SEC.4.

Ind. Code § 25-28.5-1-18.1

IC 25-28.5-1-18.1 Apprentice plumber; application for registration; certificate of registration; events requiring discontinuation of work

Sec. 18.1. (a) An individual age seventeen (17) years or older wanting to be registered by the commission as an apprentice plumber shall, on a form provided by the commission, make application for registration. The applicant shall also provide to the commission a statement signed by a licensed plumbing contractor or journeyman plumber who is the employer of the applicant that the prospective apprentice is the employer's employee and will work under the direct and immediate personal supervision of a licensed contractor or journeyman plumber. (b) If the commission approves the application for registration, it shall issue a certificate of registration as an apprentice plumber to the applicant. (c) Except as provided in subsection (d), an individual may apply to be a registered apprentice plumber under this section and may work under the direct and immediate personal supervision of a licensed plumbing contractor or journeyman plumber for one (1) year, so long as the individual has applied for acceptance in a commission approved apprenticeship program. The requirements of this subsection are met even if the individual: (1) is awaiting a response from the apprenticeship program; or (2) has been placed on the apprenticeship program's waiting list; at the time that the individual is working under the supervision of the licensed plumbing contractor or journeyman plumber. (d) A registered apprentice plumber under subsection (c) shall discontinue working under the direct and immediate personal supervision of a licensed plumbing contractor or journeyman if any of the following events occurs: (1) The registered apprentice plumber is not accepted into an apprenticeship program. (2) The registered apprentice plumber is removed from the apprenticeship program's waiting list and does not begin the apprenticeship program. (3) The registered apprentice plumber does not begin the apprenticeship program and remains on the apprenticeship program's waiting list for a period longer than one (1) year. (4) The registered apprentice plumber withdraws the application submitted to the apprenticeship program. (e) A licensed plumbing contractor or journeyman supervising a registered apprentice plumber under subsection (c) must notify the commission of the occurrence of an event described under subsection (d). As added by P.L.248-1985, SEC.3. Amended by P.L.127-2019, SEC.1.

Ind. Code § 25-28.5-1-18.5

IC 25-28.5-1-18.5 Temporary plumbing contractor's license; issuance

Sec. 18.5. Notwithstanding section 12 of this chapter, the commission may issue a temporary plumbing contractor's license to an applicant who has an ownership interest in or is an officer of a contracting business if the plumbing contractor licensee operating the business has died or is physically or mentally unable to operate the business. The commission may issue the license for the period needed to dispose of the contracting business or to otherwise meet the emergency giving rise to the need for the license. However, a temporary 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.

Ind. Code § 25-28.5-1-19

IC 25-28.5-1-19 Reciprocity

Sec. 19. Upon the payment of the required fee, an applicant who is a plumbing contractor or journeyman plumber licensed or registered in another state, territory, country, or province, shall without examination, be granted a license as a plumbing contractor or journeyman plumber by the Indiana Plumbing Commission: Provided, That (a) No such applicant shall be granted a license in a category he is not licensed in another state. (b) The individual applicant for a license as a plumbing contractor or a journeyman plumber shall be at least eighteen (18) years of age. (c) The requirements for the licensing or registration of plumbing contractors or journeyman plumbers in such other state, territory, country, or province, were, at the date of the applicant's last registration or licensing, substantially equal to the requirements in force in this state; and: Provided, That the same privilege of registration or licensing is accorded by said state, territory, country or 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.

Ind. Code § 25-28.5-1-2

IC 25-28.5-1-2 Definitions

Sec. 2. As used in this chapter: (1) "Plumbing" means the practice of and the materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: (A) Sanitary drainage or storm drainage facilities, the venting system, and the public or private water supply systems, within or adjacent to any building or structure. (B) The practice and materials used in the installation, maintenance, extension, or alteration of the stormwater, liquid waste, or sewerage, and water supply systems of any premises to the private property line or to their connection with any point of public disposal or other acceptable terminal. The term does not include the planning, designing, and installation of sanitation and water systems in vehicles commonly known as mobile homes, the drilling of wells, the installation of pumps, pressure tanks, and piping incidental to the drilling or repair of a well system, the sale or installation of water softening equipment and apparatuses and services of the same, or the business of manufacturing or selling plumbing fixtures; appliances, equipment, or hardware; the installation of automatic sprinklers, the overhead or underground water supplies or standpipes when connected to an automatic sprinkler system or to their related devices or appurtenances connecting thereto; nor does the term include the work referred to in section 32(i) of this chapter; nor does the term include the planning or design of water supply or sewage systems which would ordinarily be performed as "the practice of engineering", as defined in IC 25-31-1 , or the "practice of architecture", as defined in IC 25-4-1 . (2) "Plumbing contractor" means any person who, for compensation, undertakes to, or submits a bid to, or does himself or herself or by others, construct, repair, alter, remodel, add to, subtract from, or improve plumbing and who is responsible for substantially all the plumbing within the entire project, or one who fabricates units or plumbing substantially completed and ready for installation. (3) "Journeyman plumber" means a person who engages or offers to engage in, as an occupation or trade, the construction, installation, alteration, maintenance, repair, remodeling, or removal and replacement of plumbing under the supervision, direction, and responsibility of a licensed plumbing contractor. (4) "Maintenance man" means a person who is employed on a permanent basis to keep the premises of a business establishment in good 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 a plumbing contractor, in which case it may mean the partners or members of a partnership, limited partnership, or any form of unincorporated enterprise, owned by two (2) or more persons, and as applied to "corporation" in addition to the corporate entity means the officers or directors and employees thereof. (7) "Commission" means the Indiana plumbing commission created by this chapter. (8) "License" means a certificate issued by the commission established by this chapter which confers upon the holder the privilege to act as a plumbing contractor or a journeyman plumber as defined in this chapter. (9) "Farmstead" means a farm dwelling together with other buildings, structures, equipment, piping, and other plumbing materials and supplies, located upon a parcel of real estate used primarily for agricultural purposes located outside the corporate limits of a municipality and not connected to a public water supply. (10) "Licensing agency" means the Indiana professional licensing agency 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 a licensed plumbing contractor or a licensed journeyman plumber. (12) "Registration" means the granting of a certificate by the commission that authorizes an individual to act as an apprentice plumber. 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.

Ind. Code § 25-28.5-1-20

IC 25-28.5-1-20 Nonresident applicants; service of process

Sec. 20. (a) Nonresident applicants for a license to act as a plumbing contractor or journeyman plumber in Indiana shall file a written application with the commission on a form to be provided by the commission. The nonresident applicant shall also file a certified copy of his license, or certificate of registration as a plumbing contractor or journeyman plumber in the state wherein he resides. (b) In addition, every nonresident applicant to be licensed as a plumbing contractor or journeyman plumber shall file an irrevocable appointment of the secretary of the commission as his agent for service of process within this state. (1) All process served upon the secretary of the commission as agent for a nonresident plumbing contractor or journeyman plumber shall be served in duplicate. One (1) copy shall be filed in the office of the commission and one (1) copy shall be forwarded to the nonresident licensee or registrant by the secretary by certified mail, return receipt requested. (2) Service of process upon the secretary, as provided in this section shall be equivalent to personal service within the state upon the nonresident licensee or registrant. Formerly: Acts 1972, P.L.188, SEC.1. As amended by Acts 1981, P.L.222, SEC.213.

Ind. Code § 25-28.5-1-31

IC 25-28.5-1-31 Violations

Sec. 31. (a) A person who acts or advertises as a plumbing contractor or journeyman plumber without first obtaining a license from the commission or who continues to act as a plumbing contractor or journeyman plumber after the person's license has been suspended, revoked, or otherwise restricted under IC 25-1-11 commits a Class A misdemeanor. (b) A person who fails to renew the person's license and continues to act as a plumbing contractor or journeyman plumber after the license 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 for plumbing services and on vehicles that are used to provide plumbing services: (1) The plumbing contractor's name. (2) The name of the business with which the plumbing contractor 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.

Ind. Code § 25-28.5-1-32

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 a political subdivision of the state if the employee does not profess to be for hire and is acting within the scope of the employee's employment. (3) An officer appointed by a court when the officer is acting within the scope of the officer's office as defined by law or court order. When construction projects are not underway at the time of the appointment of the officer by the court, and the nature of the officer's appointment requires that plumbing must be 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 and incidental to their business. (5) The owner occupant of a dwelling of eight (8) or less residential units when the owner occupant is installing, altering, or repairing the plumbing system of the residential units. (6) Construction, alteration, improvement, or repair of a plumbing system, located on a site, the title of which is in the name of the United States of America, or to construction, alteration, improvement, or repair on a project where federal law supersedes this article. (7) An individual who is employed or acts as a maintenance person at the individual's place of employment. (8) Farmsteads, except for buildings built on the farmstead for the purpose of public or commercial use. (9) A sewer contractor, sewage disposal contractor, or an excavation contractor or utility contractor who generally engages in the business of installing, altering, or repairing sewers, private or public sewage disposal systems, and water distribution or drainage lines outside the foundation walls of a building. 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.

Ind. Code § 25-28.5-1-33

IC 25-28.5-1-33 Political subdivisions; power to regulate

Sec. 33. Nothing in this chapter shall limit the power of political subdivision to regulate the quality and character of work performed by plumbing contractors through the enforcement of building codes and inspections, but no political subdivision shall require any licensee under this chapter to submit to any other form of licensing: Provided, however, That any political subdivision of this state may require any person licensed as a plumbing contractor under the provisions of this chapter to register with some public official of said political subdivision in order that the plumbing inspection officials of such political subdivision may have the records necessary to inspect the work of persons licensed hereunder. Nothing herein contained shall prohibit any political subdivision from charging a reasonable fee for such registration. Failure to register as required by a political subdivision, upon certification of said failure to the commission, at the discretion of the commission may constitute a basis for suspension of any plumbing contractor's license issued under the provisions of this chapter. Repeated and intentional violation of any such registration requirements may at the discretion of the commission constitute a basis for the revocation of a plumbing contractor's license, said proceeding for suspension or revocation to be had under the provisions of section 26 of this chapter. Formerly: Acts 1972, P.L.188, SEC.1.

Ind. Code § 25-28.5-1-35

IC 25-28.5-1-35 Display of license; register available for public inspection

Sec. 35. (a) A plumbing contractor licensee shall prominently display the licensee's license in the licensee's principal business office. In the case of a partnership or corporation, the license of at least one (1) partner, member, or officer of the corporation, or the corporate license, must be displayed. (b) The license number of a licensed plumbing contractor must be recognizably displayed in all forms of written or printed advertising for plumbing services and on all vehicles that are used to provide plumbing services. (c) A plumbing contractor, partnership, or corporation must maintain a register listing: (1) the name and license number of every plumbing contractor currently employed there; (2) the name and license number of every journeyman plumber currently employed there; and (3) the name and registration number of every apprentice plumber currently employed there. The register must be available for public inspection upon request. (d) A plumbing contractor, journeyman plumber, or apprentice plumber shall carry a facsimile of that person's license or certificate of registration on a job location where the person is engaged in plumbing contracting or the trade of plumbing. The plumbing contractor, journeyman plumber, or apprentice plumber shall display that person's license or certificate of registration upon the demand of a state inspector or local building or plumbing inspector in Indiana within 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.

Ind. Code § 25-28.5-1-36

IC 25-28.5-1-36 Actions to recover for services by unlicensed or unregistered plumbers barred

Sec. 36. No action or suit shall be instituted in any court of this state to recover compensation for plumbing contracting services, or for wages for work done which under the provisions of this chapter constitutes plumbing, by a person who is not licensed or registered under the provisions of this chapter. Formerly: Acts 1972, P.L.188, SEC.1.

Ind. Code § 25-28.5-1-39

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 project involving 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 knowingly violated this chapter, a person described in subsection (c) may bring a civil action to enjoin the person who violated this chapter from performing any activity under the competitive bid. (c) The following persons may bring an action for injunctive relief under 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.

Ind. Code § 25-28.5-1-4

IC 25-28.5-1-4 Members; appointments; terms; political representation

Sec. 4. (a) The commission shall consist of five (5) members to be appointed by the governor. (b) Subject to IC 25-1-6.5-3 , each member appointed shall be a citizen and resident of this state and include the following: (1) Two (2) of the members shall be actively engaged in the plumbing contracting business for not less than five (5) years immediately prior to their appointment or shall have had ten (10) years experience in the plumbing contracting business. (2) Two (2) of the members shall be persons who for not less than five (5) years immediately prior to their appointment have been employed as journeymen plumbers. (3) One (1) member, appointed to represent the general public, may never have been associated with plumbing in any way other than as a consumer. (c) The term of all members of the commission appointed: (1) before July 1, 2019, shall be for three (3) years and until their successors are appointed and qualified; and (2) after June 30, 2019, shall be under IC 25-1-6.5 . (d) At no time shall there be more than four (4) members of the same political party on the commission. (e) A member may be removed under IC 25-1-6.5-4 . 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; P.L.249-2019, SEC.117.

Ind. Code § 25-28.5-1-7

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 Plumbing Commission" and such other device as may be selected by which it shall authenticate the acts of the commission. Copies of all records and papers, when certified by the secretary and issued under the seal of the commission, shall be received in evidence in all cases equally and with like effect as the original commission records. (2) Prescribe the form of licenses and issue the same under its seal. All such licenses, while in force, shall be under the supervision and control of the commission. (3) Issue licenses as plumbing contractors and journeymen plumbers, to any person who qualifies and complies with the provisions of this chapter and pay required license fees. (4) Adopt rules in accordance with IC 4-22-2 which establish standards 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.

Ind. Code § 25-28.5-2-1

IC 25-28.5-2-1 Establishment of fund; investments; interest

Sec. 1. (a) The plumbers recovery fund is established for: (1) the purpose set out in this chapter; and (2) carrying out the duties of the Indiana plumbing commission. The fund shall be administered by the Indiana plumbing commission. (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund, except as provided in section 2.2 of this chapter. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990, SEC.5; P.L.112-2014, SEC.31.

Ind. Code § 25-28.5-2-10

IC 25-28.5-2-10 Suspension of license; repayment of fund

Sec. 10. (a) If the plumbing commission is required to make any payment from the plumbers recovery fund in settlement of a claim or toward the satisfaction of an order under this chapter, the plumbing commission shall suspend the judgment debtor's license. The licensee is not eligible to be licensed again as either a plumbing contractor or journeyman plumber until the licensee has repaid in full the amount paid from the plumbers recovery fund with interest of twelve percent (12%) per annum. (b) A license suspension issued under this section must be done in accordance with IC 4-21.5-3-6 . The licensee may petition for review under IC 4-21.5-3-7 . As added by P.L.260-1987, SEC.1. Amended by P.L.134-2013, SEC.15.

Ind. Code § 25-28.5-2-11

IC 25-28.5-2-11 Subrogation

Sec. 11. When the plumbing commission has ordered and caused payment to be made from the plumbers recovery fund to a judgment creditor, the plumbing commission is subrogated to the rights of the judgment creditor with respect to the amount paid. As added by P.L.260-1987, SEC.1. Amended by P.L.134-2013, SEC.16.

Ind. Code § 25-28.5-2-12

IC 25-28.5-2-12 Expenditure of interest

Sec. 12. Subject to the approval of the budget agency, the commission may expend the interest earned by the plumbers recovery fund for the following: (1) Publications that provide: (A) information concerning the commission's activities and administrative rulings; and (B) other educational information concerning the practice of plumbing. (2) Educational programs concerning the practice of plumbing in Indiana. As added by P.L.260-1987, SEC.1. Amended by P.L.20-1991, SEC.9.

Ind. Code § 25-28.5-2-13

IC 25-28.5-2-13 Attorney general; staff assistance; expenses

Sec. 13. (a) The office of the attorney general shall provide the staff assistance necessary to: (1) enable the plumbing commission to perform its duties under this chapter; and (2) enforce this chapter. (b) Expenses incurred by the office of the attorney general under this section shall be paid from the plumbers recovery fund. As added by P.L.260-1987, SEC.1.

Ind. Code § 25-28.5-2-2

IC 25-28.5-2-2 Surcharge; formula; assessments

Sec. 2. (a) If the total amount in the plumbers recovery fund (including principal and interest) plus estimated revenues from the fee assessed under section 2.1 of this chapter from July 1 of the current year through June 30 of the next year will be less than three hundred thirty thousand dollars ($330,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the plumbing commission shall assess a surcharge according to the following formula in order to maintain the fund at an approximate level of four hundred thousand dollars ($400,000): STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid. STEP TWO: Add to the amount determined under STEP ONE the amount of revenue estimated from the fee assessed under section 2.1 of this chapter from July 1 of the current year through June 30 of the next year. STEP THREE: Subtract the amount determined under STEP TWO from four hundred thousand dollars ($400,000). STEP FOUR: Determine the number of plumbing contractors who had licenses in effect on June 30 of the current year. STEP FIVE: Divide the number determined under STEP THREE by the number determined under STEP FOUR. (b) The plumbing commission shall assess the surcharge described in subsection (a) against each plumbing contractor who: (1) receives an initial license; or (2) receives a renewal license. (c) The plumbing commission shall assess the surcharge described in subsection (a) for the two (2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year. (d) The surcharge assessed under this section is in addition to any other fee under this article. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990, SEC.6.

Ind. Code § 25-28.5-2-2.1

IC 25-28.5-2-2.1 Licensing fee

Sec. 2.1. (a) At the time of initial licensure under this article, each licensee shall pay the fees established by the commission under IC 25-1-8-2 for the following: (1) A plumbing contractor. (2) A journeyman plumber. (b) Fees collected under subsection (a) shall be placed in the plumbers recovery fund. (c) The fee assessed under this section is in addition to any other fee under this article. As added by P.L.143-1990, SEC.7. Amended by P.L.194-2005, SEC.73.

Ind. Code § 25-28.5-2-2.2

IC 25-28.5-2-2.2 Reversion of excess funds

Sec. 2.2. If the total amount in the plumbing recovery fund (including principal and interest) exceeds five hundred fifty thousand dollars ($550,000) at the end of a state fiscal year after the payment of all claims and expenses, the amount in excess of five hundred fifty thousand dollars ($550,000) reverts to the state general fund. As added by P.L.143-1990, SEC.8.

Ind. Code § 25-28.5-2-3

IC 25-28.5-2-3 Interest on investments; payment of expenses

Sec. 3. Any interest earned on investment of money in the plumbers recovery fund shall be credited at least annually to the fund. No money may be appropriated from the state general fund for payment of any expenses incurred under this chapter, and none of these expenses may be charged against the state. As added by P.L.260-1987, SEC.1.

Ind. Code § 25-28.5-2-4

IC 25-28.5-2-4 Applications for orders directing payment out of fund; amount of loss; limitation on recovery

Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against any plumbing contractor to recover damages for a violation under IC 25-1-11 or the plumbing codes of the state (with or without a finding by the Indiana plumbing commission) that results in an actual cash loss to the aggrieved person, the person may, upon termination of all proceedings, including appeals and proceedings supplemental to judgment for collection purposes, file a verified application with the plumbing commission for an order directing payment out of the plumbers recovery fund of the amount of actual and direct loss in the transaction that remains unpaid upon the judgment. The amount of actual and direct loss may include court costs but may not include attorney's fees or punitive damages awarded. The amount that may be paid from the plumbers recovery fund may not exceed twenty thousand dollars ($20,000) per judgment and an aggregate lifetime limit of fifty thousand dollars ($50,000) with respect to any one (1) licensee. (b) This section applies only to a final judgment that awards damages for an act by the plumbing contractor described in subsection (a) that arises directly out of any transaction: (1) that occurred when the plumbing contractor was licensed; (2) for which a license was required under IC 25-28.5 ; and (3) that occurred after December 31, 1987. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993, SEC.63; P.L.134-2013, SEC.10.

Ind. Code § 25-28.5-2-5

IC 25-28.5-2-5 Claims exceeding dollar limitations; joinder of claims; payment of claims; insufficient funds

Sec. 5. (a) If the payment in full of two (2) or more pending valid claims that have been filed by aggrieved persons against a single plumbing contractor would exceed the fifty thousand dollar ($50,000) limit set forth in section 4 of this chapter, the fifty thousand dollars ($50,000) shall be distributed among the aggrieved persons in the ratio that their respective claims bear to the aggregate of all valid claims or in any other manner that the plumbing commission may determine equitable. This money shall be distributed among the persons entitled to share in it without regard to the order of priority in which their respective judgments have been obtained or their claims have been filed. (b) The plumbing commission shall consider pending applications filed by all claimants and prospective claimants against a single plumbing licensee jointly to the end that the respective rights of all the claimants to the plumbing commission may be equitably adjudicated and settled. (c) On June 30 and December 31 of each year, the plumbing commission shall identify each claim that the plumbing commission orders to be paid during the six (6) month period that ended on that day. The plumbing commission shall pay the part of each claim that is so identified within fifteen (15) days after the end of the six (6) month period in which the claim is ordered paid. However, if the balance in the fund is insufficient to pay the full payable amount of each claim that is ordered to be paid during a six (6) month period, the plumbing commission shall pay a prorated portion of each claim that is ordered to be paid during the period. Any part of the payable amount of a claim left unpaid due to the prorating of payments under this subsection must be paid (subject to the fifty thousand dollar ($50,000) limit described in section 4 of this chapter) before the payment of claims ordered to be paid during the following six (6) month period. As added by P.L.260-1987, SEC.1. Amended by P.L.134-2013, SEC.11.

Ind. Code § 25-28.5-2-6

IC 25-28.5-2-6 Agent for service of process

Sec. 6. Any plumbing contractor who is licensed or renews a license under this article after December 31, 1987, and upon whom personal service cannot be made with reasonable diligence shall be considered to have appointed the commission as the plumbing contractor's agent for service of process for purposes of actions filed under section 4 of this chapter for recovery from the plumbers recovery fund. Service of process under this section shall be made as nearly as practicable in the manner prescribed by the Indiana Rules of Trial Procedure for service on corporations. As added by P.L.260-1987, SEC.1.

Ind. Code § 25-28.5-2-7

IC 25-28.5-2-7 Limitation of actions

Sec. 7. An order for payment from the plumbers recovery fund may not be issued unless the action to recover from the plumbers recovery fund was commenced within two (2) years after the termination of all proceedings against the plumbing contractor for a violation under IC 25-1-11 or the plumbing codes of the state, including appeals and proceedings supplemental to judgment. When any person commences an action for a judgment that may result in an order for payment from the fund, the person shall notify the plumbing commission in writing of the commencement of the action. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993, SEC.64; P.L.134-2013, SEC.12.

Ind. Code § 25-28.5-2-8

IC 25-28.5-2-8 Commission as defendant; hearings; issuance of orders

Sec. 8. (a) When any person files an application for an order directing payment from the plumbers recovery fund, the plumbing commission shall promptly review and consider the application, and it may issue an order directing payment out of the plumbers recovery fund, as provided in section 9 of this chapter, subject to the limitation of section 4 of this chapter, if the plumbing commission finds: (1) that there is no collusion between the judgment creditor and the judgment debtor; (2) that the judgment creditor is making application not more than one (1) year after the termination of all proceedings in connection with the judgment, including appeals and proceedings supplemental to judgment for collection purposes; (3) that the judgment creditor has diligently pursued all available creditor's remedies, including proceedings supplemental, against the licensee who is the subject of the application filed under section 4 of this chapter, against all the judgment debtors, and against all other persons liable to the creditor in the transaction for which the creditor seeks recovery from the plumbers recovery fund, but that the diligent pursuit did not result in satisfaction of the judgment; (4) that a violation under IC 25-1-11 or the plumbing codes of the state arose directly out of a transaction that occurred when the judgment debtor was licensed and acted in a capacity for which a license is required under this article and that the transaction occurred after December 31, 1987; and (5) that, in the event of a default judgment or a judgment entered upon stipulation of the parties, the judgment debtor's acts constituted a violation under IC 25-1-11 or the plumbing codes of the state. (b) A person who is dissatisfied by: (1) an order issued under subsection (a) directing payment from the plumbers recovery fund; or (2) a denial of an application filed under section 4 of this chapter; may petition for review under IC 4-21.5-3-7 . As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993, SEC.65; P.L.134-2013, SEC.13.

Ind. Code § 25-28.5-2-9

IC 25-28.5-2-9 Payment of claims from fund

Sec. 9. Upon a final order of the plumbing commission directing that payment be made out of the plumbers recovery fund, the plumbing commission shall, subject to sections 4 through 5 of this chapter, make the payment out of the plumbers recovery fund as provided in section 5 of this chapter. As added by P.L.260-1987, SEC.1. Amended by P.L.134-2013, SEC.14.

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