860 IAC 1 — ARTICLE 1. GENERAL PROVISIONS

TITLE 860 INDIANA PLUMBING COMMISSION

ARTICLE 1. GENERAL PROVISIONS

Rule 1

860 IAC 1-1-1 860 IAC 1-1-1 Officer leaving corporation; notice and new license application (Repealed)

Rule 1. Licenses; Applications for Renewal

860 IAC 1-1-1 Officer leaving corporation; notice and new license application (Repealed)

(Repealed by Indiana Plumbing Commission; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1023)

860 IAC 1-1-2 860 IAC 1-1-2 Late license renewal; reinstatement fee (Repealed)

860 IAC 1-1-2 Late license renewal; reinstatement fee (Repealed)

(Repealed by Indiana Plumbing Commission; filed Oct 31, 1983; 1:21 pm: 7 IR 70)

860 IAC 1-1-2.1 860 IAC 1-1-2.1 Fee schedule

860 IAC 1-1-2.1 Fee schedule

Authority: IC 25-28.5-1-8

Affected: IC 25-1-8-5; IC 25-1-8-6

Sec. 2.1. The Indiana plumbing commission (commission) shall charge and collect the following fees:

(1) If the commission administers the individual plumbing contractor examination, the examination or repeat examination fee is fifty dollars ($50).

(2) For the issuance of the initial plumbing contractor license, the following:

(A) When the license is issued in an odd-numbered year, fifty dollars ($50).

(B) When the license is issued in an even-numbered year, one hundred dollars ($100).

(3) For the issuance of an initial license for a corporation, the following:

(A) When the license is issued in an odd-numbered year, fifty dollars ($50).

(B) When the license is issued in an even-numbered year, one hundred dollars ($100).

(4) If the commission administers the individual journeyman plumber examination, the examination or repeat examination fee is thirty dollars ($30).

(5) For issuance of the initial license for a journeyman plumber, the following:

(A) When the license is issued in an odd-numbered year, fifteen dollars ($15).

(B) When the license is issued in an even-numbered year, thirty dollars ($30).

(6) If the commission elects to use a professional examination service under IC 25-1-8-5, an applicant for licensure by examination as either an individual plumbing contractor or journeyman plumber shall pay the examination or repeat examination fee assessed by the professional examination service that administers the examination directly to the professional examination service.

(7) For biennial renewal of a plumbing contractor's license, one hundred dollars ($100) payable prior to [sic] before December 1 of each odd-numbered year.

(8) For biennial renewal of a license for a corporation, one hundred dollars ($100) payable prior to [sic] before December 1 of each odd-numbered year.

(9) For biennial renewal of a journeyman plumber's license, thirty dollars ($30) payable prior to [sic] before December 1 of each odd-numbered year.

(10) Application for a renewal received:

(A) after the expiration date of December 31 of each odd-numbered year; and

(B) before March 1 of the next even-numbered year;

shall be charged a reinstatement fee of fifteen dollars ($15) in addition to the license renewal fee.

(11) Applications for renewal received after March 1 of the next even-numbered year following expiration, and not later than December 31 of the next odd-numbered year following expiration, shall be charged the following reinstatement fees in addition to the applicable license renewal fees:

(A) Journeyman plumber, one hundred dollars ($100).

(B) Plumbing contractor, two hundred dollars ($200).

(C) Corporate plumbing contractor, two hundred dollars ($200).

(12) Applications for renewal received after December 31 of the [sic] in an odd-numbered year shall [sic] must comply with the requirements of IC 25-1-8-6.

(13) For the issuance of a temporary plumbing contractor license, seventy-five dollars ($75).

(Indiana Plumbing Commission; 860 IAC 1-1-2.1; filed Oct 31, 1983, 1:21 p.m.: 7 IR 69; errata, 7 IR 71; filed Oct 29, 1984, 3:07 p.m.: 8 IR 214; filed Jul 30, 1985, 3:13 p.m.: 8 IR 2038; filed Feb 19, 1987, 8:30 a.m.: 10 IR 1390; filed Feb 19, 1990, 11:06 a.m.: 13 IR 1181; filed Jun 14, 1996, 3:00 p.m.: 19 IR 3108; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; filed Jul 17, 2002, 3:34 p.m.: 25 IR 4109, eff Jan 1, 2003; errata filed Nov 15, 2002, 3:40 p.m.: 26 IR 1109; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; filed Nov 26, 2008, 12:38 p.m.: 20081217-IR-860080538FRA, eff Jan 1, 2009; readopted filed Nov 13, 2015, 11:09 a.m.: 20151209-IR-860150226RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA; filed Apr 8, 2025, 1:31 p.m.: 20250507-IR-860240586FRA)

860 IAC 1-1-3 860 IAC 1-1-3 Filing of bonds (Repealed)

860 IAC 1-1-3 Filing of bonds (Repealed)

(Repealed by Indiana Plumbing Commission; filed Feb 15, 1989, 2:36 p.m.: 12 IR 1557)

860 IAC 1-1-4 860 IAC 1-1-4 Plumbing contractor bond forms; bond cancellation (Repealed)

860 IAC 1-1-4 Plumbing contractor bond forms; bond cancellation (Repealed)

(Repealed by Indiana Plumbing Commission; filed Feb 15, 1989, 2:36 p.m.: 12 IR 1557)

860 IAC 1-1-5 860 IAC 1-1-5 Current bonding required (Repealed)

860 IAC 1-1-5 Current bonding required (Repealed)

(Repealed by Indiana Plumbing Commission; filed Feb 15, 1989, 2:36 p.m.: 12 IR 1557)

860 IAC 1-1-6 860 IAC 1-1-6 Corporate plumbing contractor; license conditions (Repealed)

860 IAC 1-1-6 Corporate plumbing contractor; license conditions (Repealed)

(Repealed by Indiana Plumbing Commission; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1023)

860 IAC 1-1-7 860 IAC 1-1-7 Designated corporate officer or employee; responsibilities and replacement

860 IAC 1-1-7 Designated corporate officer or employee; responsibilities and replacement

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-13

Sec. 7. (a) This section governs the responsibility of a corporate plumbing contractor under IC 25-28.5-1-13(c).

(b) The individual or individuals named in the corporate license pursuant to IC 25-28.5-1-13(c)(3) shall be responsible to the commission for the use of the corporate license.

(c) The responsibility of an individual described in subsection (b) shall terminate only upon the written notice to the commission under subsection (d) of such individual's removal or resignation from said status , but such removal, resignation, or the failure to notify the commission thereof shall not terminate the obligation of the corporate plumbing contractor.

(d) When an individual described in subsection (b) is removed or resigns, the corporation must notify the commission within thirty (30) days and shall identify any replacement individual or individuals.

(Indiana Plumbing Commission; 860 IAC 1-1-7; filed Jul 30, 1985, 3:13 p.m.: 8 IR 2040; filed Feb 15, 1989, 2:36 p.m.: 12 IR 1556; errata filed May 8, 1989, 2:35 p.m.: 12 IR 2063; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1022; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR- 860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-1-8 860 IAC 1-1-8 Temporary plumbing contractor license

860 IAC 1-1-8 Temporary plumbing contractor license

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-18.5

Sec. 8. (a) A temporary plumbing contractor license authorized by IC 25-28.5-1-18.5 shall be for six (6) month increments.

(b) Such temporary license shall not enable the holder thereof to perform actual plumbing services unless he is a currently licensed journeyman or a currently licensed plumbing contractor. However, the holder of a temporary license may employ a journeyman to perform actual plumbing services pursuant to the temporary license. If the holder is a licensed journeyman, he may perform plumbing contracting under the authority of the temporary license.

(c) The temporary license will be granted upon submission of the license fee in the amount of twenty-five dollars ($25) for each six (6) month increment, as well as a fully executed bond on a form supplied by the commission.

(d) No temporary license will be issued to any applicant who fails to first appear before the commission or the executive director of the Indiana professional licensing agency to request the same.

(e) A temporary license granted by the executive director of the Indiana professional licensing agency is subject to ratification or refusal at the next regularly scheduled meeting of the commission.

(Indiana Plumbing Commission; 860 IAC 1-1-8; filed Dec 20, 1985, 9:13 a.m.: 9 IR 1099; filed Jun 14, 1996, 3:00 p.m.: 19 IR 3108; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; filed Jul 17, 2002, 3:34 p.m.: 25 IR 4110, eff Jan 1, 2003; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR- 860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-1-9 860 IAC 1-1-9 Admission to examination

860 IAC 1-1-9 Admission to examination

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1

Sec. 9. (a) This section and section 10 of this rule implement the requirements for admission to the journeyman plumber and plumbing contractor examination found in IC 25-28.5-1-12(c).

(b) "Plumbing trade" means being engaged in the work of plumbing (as that term is defined in IC 25-28.5-1-2(1)) under the circumstances described in:

(1) IC 25-28.5-1-32(2);

(2) IC 25-28.5-1-32(6); or

(3) IC 25-28.5-1-32(7).

(c) "Apprenticeship program approved by the commission" means a program that meets the requirements of 860 IAC 2-1- 1.

(d) "Four (4) year apprenticeship program" means satisfactory completion of a minimum of five hundred seventy-six (576) hours of classroom instruction and satisfactory completion of six thousand four hundred (6,400) hours of related on-job-training, over at least four (4) years. Credit for previous education, training, or experience may be counted toward the total required hours for the apprenticeship program if granted by the Bureau of Apprenticeship and Training, a division of the United States Department of Labor, and approved by the commission. Credit must not exceed seventy-five percent (75%) of the total hours of the apprenticeship program requirement. Approved credit must be documented and presented with the original apprenticeship registration application.

(e) "Four (4) years of experience" means a minimum of six thousand four hundred (6,400) hours in the plumbing trade over at least four (4) years.

(f) Not more than forty (40) hours shall be counted in any given calendar week toward meeting the requirements of either subsection (d) or (e).

(Indiana Plumbing Commission; 860 IAC 1-1-9; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1022; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; filed Nov 26, 2008, 12:38 p.m.: 20081217-IR-860080538FRA, eff Jan 1, 2009; readopted filed Nov 13, 2015, 11:09 a.m.: 20151209-IR- 860150226RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-1-10 860 IAC 1-1-10 Verification of employment

860 IAC 1-1-10 Verification of employment

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-12

Sec. 10. (a) An applicant for admission to the plumbing contractor or journeyman plumber examination must submit with the applicant's application affidavits from the applicant's employers verifying all experience in the plumbing trade, or work in a plumbing business under the direction of a licensed plumbing contractor, claimed in the applicant's application.

(b) If the applicant is unable to obtain any employer affidavit required by subsection (a), the applicant must submit an affidavit stating the inability and the reason why.

(c) Whether or not the employer affidavits provided for in subsection (a) have been submitted, the commission may seek such additional information from the applicant, any employer, or any third party as is necessary to determine whether the applicant meets the requirements for admission to the examination.

(Indiana Plumbing Commission; 860 IAC 1-1-10; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1022; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR- 860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-1-11 860 IAC 1-1-11 Licensed out-of-state applicants; certification of licensure required

860 IAC 1-1-11 Licensed out-of-state applicants; certification of licensure required

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-12; IC 25-28.5-1-19

Sec. 11. An individual who is licensed in another state and who applies for admission to the examination under IC 25-28.5-1-12(d)(1), or licensure by reciprocity under IC 25-28.5-1-12(e) and IC 25-28.5-1-19, shall submit certification of licensure from the licensing authority in the other state.

(Indiana Plumbing Commission; 860 IAC 1-1-11; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1023; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

Rule 2

860 IAC 1-2-1 860 IAC 1-2-1 "Maintenance" defined

Rule 2. Definitions

860 IAC 1-2-1 "Maintenance" defined

Authority: IC 25-28.5-1-38

Affected: IC 25-28.5-1-32

Sec. 1. The work of a "maintenance man" as described in IC 25-28.5-1-32(7) shall include anyone whose full-time work shall include repair of present operational plumbing systems. However, "maintenance" shall not include the installation of any nonexistent plumbing system nor shall it include remodeling of an existing plumbing system where the number of faucets, toilets, bathtubs, fountains, or other devices affecting the flow of water are increased beyond the original system.

(Indiana Plumbing Commission; 860 IAC 1-2-1; filed Oct 29, 1984, 3:09 p.m.: 8 IR 214; filed Jan 16, 1992, 5:00 p.m.: 15 IR 1023; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

Rule 3

860 IAC 1-3-1 860 IAC 1-3-1 Examination; journeyman plumber

Rule 3. Examinations; Journeyman Plumber; Plumbing Contractor

860 IAC 1-3-1 Examination; journeyman plumber

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1

Sec. 1. (a) An applicant for the journeyman plumber license must pass the examination required under this section.

(b) The journeyman plumber examination shall be multiple choice.

(c) An individual must obtain a passing score on the multiple-choice test in order to pass the examination.

(Indiana Plumbing Commission; 860 IAC 1-3-1; filed Oct 29, 1984, 3:11 p.m.: 8 IR 215; filed Feb 15, 1989, 2:36 p.m.: 12 IR 1556; filed Feb 19, 1990, 11:06 a.m.: 13 IR 1182; filed Sep 8, 1992, 5:00 p.m.: 16 IR 62, eff Oct 1, 1992 [IC 4-22-2-36 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #92-91 was filed Sep 8, 1992.]; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; filed Nov 26, 2008, 12:38 p.m.: 20081217-IR-860080538FRA, eff Jan 1, 2009; readopted filed Nov 13, 2015, 11:09 a.m.: 20151209-IR-860150226RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-3-1.1 860 IAC 1-3-1.1 Examination; plumbing contractor

860 IAC 1-3-1.1 Examination; plumbing contractor

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1

Sec. 1.1. (a) An applicant for the plumbing contractor license must pass the examination required under this section.

(b) The plumbing contractor examination shall be multiple choice.

(c) An individual must obtain a passing score on the multiple-choice examination.

(Indiana Plumbing Commission; 860 IAC 1-3-1.1; filed Sep 8, 1992, 5:00 p.m.: 16 IR 62, eff Oct 1, 1992 [IC 4-22-2-36 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #92-91 was filed Sep 8, 1992.]; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; filed Nov 26, 2008, 12:38 p.m.: 20081217-IR-860080538FRA, eff Jan 1, 2009; readopted filed Nov 13, 2015, 11:09 a.m.: 20151209-IR-860150226RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-3-2 860 IAC 1-3-2 Retaking of journeyman plumber and plumbing contractor examination upon failure

860 IAC 1-3-2 Retaking of journeyman plumber and plumbing contractor examination upon failure

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1

Sec. 2. (a) An individual who does not pass the entire examination in the first attempt shall be entitled to take it as many as six (6) additional times. However, the last examination attempt may be not later than two (2) years after the date the individual was first scheduled to take the examination.

(b) Upon the exhaustion of all of the examination attempts allowed by subsection (a), an individual must:

(1) file a new application; and

(2) retake the entire examination.

(c) An applicant who has not passed the written section or drawing section of the journey plumber or plumbing contractor examination before January 1, 2009, shall:

(1) lose credit for the section passed; and

(2) be required to retake the multiple-choice examination.

(d) An applicant that has passed the written section and drawing section of the journey plumber or plumbing contractor examination but has failed to pass the practical examination before January 1, 2009, shall qualify for licensure without having to pass the practical examination.

(Indiana Plumbing Commission; 860 IAC 1-3-2; filed Feb 15, 1989, 2:36 p.m.: 12 IR 1556; filed Feb 19, 1990, 11:06 a.m.: 13 IR 1182; filed Sep 8, 1992, 5:00 p.m.: 16 IR 63, eff Oct 1, 1992 [IC 4-22-2-36 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #92-91 was filed Sep 8, 1992.]; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; filed Nov 26, 2008, 12:38 p.m.: 20081217-IR-860080538FRA, eff Jan 1, 2009; readopted filed Nov 13, 2015, 11:09 a.m.: 20151209-IR-860150226RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-3-3 860 IAC 1-3-3 Examination requirements for journeyman plumber applying for a plumbing contractor license (Repealed)

860 IAC 1-3-3 Examination requirements for journeyman plumber applying for a plumbing contractor license (Repealed)

Sec. 3.

(Repealed by Indiana Plumbing Commission; filed Nov 26, 2008, 12:38 p.m.: 20081217-IR-860080538FRA, eff Jan 1, 2009)

860 IAC 1-3-4 860 IAC 1-3-4 Required study or training prior to retaking of journeyman plumber and plumbing contractor examinations (Repealed)

860 IAC 1-3-4 Required study or training prior to retaking of journeyman plumber and plumbing contractor examinations (Repealed)

Sec. 4.

(Repealed by Indiana Plumbing Commission; filed Sep 8, 1992, 5:00 p.m.: 16 IR 64, eff Oct 1, 1992 [IC 4-22-2-36 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #92-91 was filed Sep 8, 1992.])

Rule 4

860 IAC 1-4-1 860 IAC 1-4-1 Advertising for plumbing services

Rule 4. Advertising

860 IAC 1-4-1 Advertising for plumbing services

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-35

Sec. 1. (a) As used in IC 25-28.5-1-35(b), "written or printed advertising for plumbing services" includes, but is not limited to, the following:

(1) Directories.

(2) Periodicals.

(3) Newspaper entries.

(4) Signs.

(5) Circulars.

(Indiana Plumbing Commission; 860 IAC 1-4-1; filed Dec 20, 1985, 9:13 a.m.: 9 IR 1100; filed Oct 23, 1989, 4:50 p.m.: 13 IR 401; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-4-2 860 IAC 1-4-2 "Recognizably displayed" defined

860 IAC 1-4-2 "Recognizably displayed" defined

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-31; IC 25-28.5-1-35

Sec. 2. (a) The requirement in IC 25-28.5-1-35(b) that a plumbing contractor's license number must be "recognizably displayed" in all forms of written or printed advertising for plumbing services means that the plumbing contractor's license number must be:

(1) of adequate size; and

(2) located within reasonable proximity of the advertising;

so that the number can be readily seen by an individual with normal vision when viewing the advertisement.

(b) The requirement in IC 25-28.5-1-35(b) that a plumbing contractor's number must be "recognizably displayed" on all vehicles that are used to provide plumbing services means that the plumbing contractor's license number must be:

(1) of adequate size; and

(2) located within reasonable proximity of the plumbing contractor's name or name of the business with which the plumbing contractor is associated;

so that the number can be readily seen by an individual with normal vision when viewing the name.

(Indiana Plumbing Commission; 860 IAC 1-4-2; filed Oct 23, 1989, 4:50 p.m.: 13 IR 401; errata, 13 IR 1862; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-4-3 860 IAC 1-4-3 Vehicles

860 IAC 1-4-3 Vehicles

Authority: IC 25-28.5-1-8; IC 25-28.5-1-38

Affected: IC 25-28.5-1-31; IC 25-28.5-1-35

Sec. 3. The plumbing contractor's license number must appear on each side of a vehicle on which:

(1) the plumbing contractor's name; or

(2) name of the business with which the plumbing contractor is associated;

appears, but shall not be required to appear elsewhere on the vehicle.

(Indiana Plumbing Commission; 860 IAC 1-4-3; filed Oct 23, 1989, 4:50 p.m.: 13 IR 401; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

Rule 5

860 IAC 1-5-1 860 IAC 1-5-1 Scope of rule

Rule 5. Competent Practice of Plumbing

860 IAC 1-5-1 Scope of rule

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 1. (a) This rule establishes standards for the competent practice of plumbing.

(b) Violation of any provision of this rule by a licensee shall be deemed a violation of IC 25-28.5-1-27.1.

(Indiana Plumbing Commission; 860 IAC 1-5-1; filed Nov 21, 1989, 1:15 p.m.: 13 IR 630; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-2 860 IAC 1-5-2 "Licensee" defined

860 IAC 1-5-2 "Licensee" defined

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 2. As used in this rule, "licensee" has the meaning set forth in IC 25-28.5-1-27.1(a).

(Indiana Plumbing Commission; 860 IAC 1-5-2; filed Nov 21, 1989, 1:15 p.m.: 13 IR 630; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-3 860 IAC 1-5-3 "Political subdivision" defined

860 IAC 1-5-3 "Political subdivision" defined

Authority: IC 25-28.5-1-7

Affected: IC 36-1-2-13

Sec. 3. As used in this rule, "political subdivision" has the meaning set forth in IC 36-1-2-13.

(Indiana Plumbing Commission; 860 IAC 1-5-3; filed Nov 21, 1989, 1:15 p.m.: 13 IR 630; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-4 860 IAC 1-5-4 Compliance with Indiana plumbing commission's statute and rules

860 IAC 1-5-4 Compliance with Indiana plumbing commission's statute and rules

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 4. Licensees shall comply with the provisions of the following:

(1) IC 25-28.5.

(2) This title.

(Indiana Plumbing Commission; 860 IAC 1-5-4; filed Nov 21, 1989, 1:15 p.m.: 13 IR 630; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-5 860 IAC 1-5-5 Use of unlicensed personnel prohibited

860 IAC 1-5-5 Use of unlicensed personnel prohibited

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 5. (a) Plumbing contractors shall not allow any employee or subcontractor to act in the capacity of a plumbing contractor or journeyman plumber unless that employee or subcontractor has a plumbing contractor's license or a journeyman plumber's license.

(b) Subsection (a) shall not be construed to require the following individuals to be licensed:

(1) helpers;

(2) laborers;

(3) registered apprentices; and

(4) other employees of a plumbing contractor or journeyman plumber;

who do not in any manner hold themselves out to the public as being plumbers.

(Indiana Plumbing Commission; 860 IAC 1-5-5; filed Nov 21, 1989, 1:15 p.m.: 13 IR 631; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-6 860 IAC 1-5-6 Obtaining plumbing permits from political subdivisions

860 IAC 1-5-6 Obtaining plumbing permits from political subdivisions

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 6. Whenever required to do so by an ordinance of a political subdivision, plumbing contractors shall obtain permits to do plumbing work.

(Indiana Plumbing Commission; 860 IAC 1-5-6; filed Nov 21, 1989, 1:15 p.m.: 13 IR 631; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-7 860 IAC 1-5-7 Registration with political subdivisions

860 IAC 1-5-7 Registration with political subdivisions

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-33

Sec. 7. Whenever required to do so by an ordinance of a political subdivision, plumbing contractors shall register with the appropriate public official of the political subdivision.

(Indiana Plumbing Commission; 860 IAC 1-5-7; filed Nov 21, 1989, 1:15 p.m.: 13 IR 631; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-8 860 IAC 1-5-8 Completion of plumbing work

860 IAC 1-5-8 Completion of plumbing work

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 8. Plumbing contractors shall complete all plumbing work which they have contracted to perform unless they have legal cause to not perform the work.

(Indiana Plumbing Commission; 860 IAC 1-5-8; filed Nov 21, 1989, 1:15 p.m.: 13 IR 631; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-5-9 860 IAC 1-5-9 Compliance with other rules and standards

860 IAC 1-5-9 Compliance with other rules and standards

Authority: IC 25-28.5-1-7

Affected: IC 25-28.5-1-27.1

Sec. 9. Licensees shall do all plumbing work in compliance with the following:

(1) 675 IAC 16, the Indiana plumbing code, as adopted by the fire prevention and building safety commission.

(2) To the extent that they may be capable of being violated while doing plumbing work, the rules of 675 IAC, the fire prevention and building safety commission.

(3) 327 IAC 8-7 [327 IAC 8-7 was repealed filed Jun 17, 1999, 1:50 p.m.: 22 IR 3379] , rule of the water pollution control board, concerning school water supply and distribution systems.

(4) 327 IAC 8-8 [327 IAC 8-8 was repealed filed Jun 17, 1999, 1:50 p.m.: 22 IR 3379] , rule of the water pollution control board, concerning mobile home park water supply and distribution systems.

(5) 327 IAC 8-9 [327 IAC 8-9 was repealed filed Jun 17, 1999, 1:50 p.m.: 22 IR 3379] , rule of the water pollution control board, concerning agricultural camp water supply and distribution systems.

(6) 327 IAC 8-10, rule of the water pollution control board, concerning cross connections.

(7) 410 IAC 15-1-22(14) [410 IAC 15-1 was repealed filed Dec 21, 1994, 9:40 a.m.: 18 IR 1280; errata filed Jan 5, 1995, 4:20 p.m.: 18 IR 1290.] , state board of health requirements for plumbing sewage disposal and water supply in hospitals.

(Indiana Plumbing Commission; 860 IAC 1-5-9; filed Nov 21, 1989, 1:15 p.m.: 13 IR 631; readopted filed May 29, 2001, 10:00 a.m.: 24 IR 3237; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-860070061RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-860130282RFA; readopted filed Nov 26, 2019, 3:46 p.m.: 20191225-IR-860190189RFA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

Rule 6

860 IAC 1-6-1 860 IAC 1-6-1 Scope

Rule 6. Convictions of Concern

860 IAC 1-6-1 Scope

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-28.5

Sec. 1. This rule implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual from receiving a plumbing contractor license by the Indiana plumbing commission, and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license issued under IC 25-15 [sic, IC 25-28.5] . No crime will disqualify an individual from receiving a journeyman plumber license or plumbing apprentice registration.

(Indiana Plumbing Commission; 860 IAC 1-6-1; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-6-2 860 IAC 1-6-2 Issuance of license

860 IAC 1-6-2 Issuance of license

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-28.5

Sec. 2. An applicant for licensure who has a conviction of concern may still be granted a license based on the criteria stated in IC 25-1-1.1-6(h).

(Indiana Plumbing Commission; 860 IAC 1-6-2; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-6-3 860 IAC 1-6-3 Authority to issue license on probation

860 IAC 1-6-3 Authority to issue license on probation

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-1-11-19; IC 25-28.5

Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of a board or committee to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute.

(Indiana Plumbing Commission; 860 IAC 1-6-3; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-6-4 860 IAC 1-6-4 Convictions of concern

860 IAC 1-6-4 Convictions of concern

Authority: IC 25-1-1.1-6

Affected: IC 11-8-8-17; IC 11-8-8-18; IC 12-7.2-5-1; IC 16-42-19; IC 23-0.5-2-9; IC 23-19-5-2; IC 25; IC 31-33-22; IC 35

Sec. 4. The following are convictions of concern:

(1) Crimes involving sexual acts that can be considered without respect to age of conviction as follows:

(A) Child molesting (IC 35-42-4-3).

(B) Child seduction (IC 35-42-4-7).

(C) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(D) Incest (IC 35-46-1-3).

(E) Making an unlawful proposition (IC 35-45-4-3).

(F) Prostitution (IC 35-45-4-2).

(G) Rape (IC 35-42-4-1).

(H) Sexual misconduct with a minor (IC 35-42-4-9(a)).

(2) Crimes of violence that can be considered without respect to age of conviction as follows:

(A) Attempted murder (IC 35-41-5-1).

(B) Child exploitation as a Level 5 felony under IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).

(C) Child molesting (IC 35-42-4-3).

(D) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(E) Involuntary manslaughter (IC 35-42-1-4).

(F) Kidnapping (IC 35-42-3-2).

(G) Murder (IC 35-42-1-1).

(H) Rape (IC 35-42-4-1).

(I) Reckless homicide (IC 35-42-1-5).

(J) Resisting law enforcement as a felony (IC 35-44.1-3-1).

(K) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).

(L) Voluntary manslaughter (IC 35-42-1-3).

(3) Adoption deception (IC 35-46-1-9.5).

(4) Agricultural terrorism (IC 35-47-12-2) (before its repeal).

(5) Arson (IC 35-43-1-1).

(6) Assisting suicide (IC 35-42-1-2.5).

(7) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).

(8) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).

(9) Causing suicide (IC 35-42-1-2).

(10) Check deception (IC 35-43-5-5) (before its repeal).

(11) Check fraud (IC 35-43-5-12) (before its repeal).

(12) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).

(13) Child sexual trafficking (IC 35-42-3.5-1.3).

(14) Child solicitation (IC 35-42-4-6).

(15) Consumer product tampering; offenses (IC 35-45-8-3).

(16) Contributing to the delinquency of a minor (IC 35-46-1-8).

(17) Conversion (IC 35-43-4-3).

(18) Corrupt business influence (IC 35-45-6-2).

(19) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).

(20) Criminal confinement (IC 35-42-3-3).

(21) Criminal organization recruitment (IC 35-45-9-5).

(22) Criminal parole violation by a sexual predator (IC 35-44.1-3-9).

(23) Criminal stalking (IC 35-45-10-5).

(24) Criminal use or possession of code grabbing device (IC 35-45-12-2).

(25) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).

(26) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).

(27) Dealing in a schedule I, II, or III controlled substance or controlled substance analog (IC 35-48-4-2).

(28) Dealing in a schedule IV controlled substance or controlled substance analog (IC 35-48-4-3).

(29) Dealing in a schedule V controlled substance or controlled substance analog (IC 35-48-4-4).

(30) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).

(31) Dealing in cocaine or narcotic drug (IC 35-48-4-1).

(32) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).

(33) Dealing in methamphetamine (IC 35-48-4-1.1).

(34) Dealing in paraphernalia (IC 35-48-4-8.5).

(35) Deception (IC 35-43-5-3).

(36) Deploying a booby trap (IC 35-47.5-5-10).

(37) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).

(38) Destructive devices (IC 35-47.5-5-2).

(39) Disrupting operation of aircraft; Class B felony (IC 35-47-6-1.6).

(40) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).

(41) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).

(42) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).

(43) Failure to make report (IC 31-33-22-1).

(44) False government issued identification (IC 35-43-5-2.5).

(45) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).

(46) Feticide (IC 35-42-1-6).

(47) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).

(48) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).

(49) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).

(50) Fraud (IC 35-43-5-4).

(51) Fraud on financial institutions (IC 35-43-5-8) (before its repeal).

(52) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).

(53) Hoax devices or replicas (IC 35-47.5-5-6).

(54) Home improvement fraud; offense (IC 35-43-6-12) (before its repeal).

(55) Homicide (IC 35-42-1).

(56) Human organ trafficking (IC 35-46-5-1).

(57) Human trafficking (IC 35-42-3.5-1.4).

(58) Identity deception (IC 35-43-5-3.5).

(59) Inappropriate communication with a child (IC 35-42-4-13).

(60) Indecent display by a youth (IC 35-45-4-6).

(61) Inmate fraud (IC 35-43-5-20) (before its repeal).

(62) Insurance fraud; insurance application fraud (IC 35-43-5-4.5) (before its repeal).

(63) Insurance fraud (IC 35-43-5-7.2) (before its repeal).

(64) Intentional signing of false document; sanctions (IC 23-0.5-2-9).

(65) Interference with custody (IC 35-42-3-4).

(66) Interfering with drug or alcohol screening test (IC 35-43-5-19).

(67) Invasion of privacy; offense; penalties (IC 35-46-1-15.1).

(68) Legend drug deception; penalty (IC 35-43-10-3).

(69) Making a false sales document (IC 35-43-5-16) (before its repeal).

(70) Making an unlawful proposition (IC 35-45-4-3).

(71) Manufacturing methamphetamine (IC 35-48-4-1.2).

(72) Medicaid fraud (IC 35-43-5-7.1) (before its repeal).

(73) Money laundering; defenses (IC 35-45-15-5).

(74) Neglect of a dependent; child selling (IC 35-46-1-4).

(75) Nonsupport of a dependent child (IC 35-46-1-5).

(76) Nonsupport of a parent (IC 35-46-1-7).

(77) Nonsupport of a spouse (IC 35-46-1-6).

(78) Notario publico deception (IC 35-43-5-3.7).

(79) Notary fraud; notarial fraud (IC 35-43-5-23).

(80) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).

(81) Operation of home without proper licensure; prohibition (IC 12-17.2-5-1).

(82) Participation in criminal organization; offense (IC 35-45-9-3).

(83) Possession of a fraudulent sales document manufacturing device (IC 35-43-5-15) (before its repeal).

(84) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).

(85) Possession or sale of drug precursors (IC 35-48-4-14.5).

(86) Profiting from adoption (IC 35-46-1-9).

(87) "Machine gun"; prohibited sales or transfers of ownership (IC 35-47-2-7).

(88) Promoting prostitution (IC 35-45-4-4).

(89) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).

(90) Promotion of human labor trafficking (IC 35-42-3.5-1).

(91) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).

(92) Public indecency (IC 35-45-4-1).

(93) Public nudity (IC 35-45-4-1.5).

(94) Reckless supervision (IC 35-46-1-4.1).

(95) Registration violations; penalty (IC 11-8-8-17).

(96) Regulated explosives; persons convicted of felonies; prior unrelated convictions (IC 35-47.5-5-3).

(97) Sex offender Internet offense (IC 35-42-4-12).

(98) Sex offender residency restrictions (IC 35-42-4-11).

(99) Sex offender unmanned aerial vehicle offense (IC 35-42-4-12.5).

(100) Sexual battery (IC 35-42-4-8).

(101) Sexual misconduct with a service provider (IC 35-44.1-3-10).

(102) Sexually violent predator; duty to notify (IC 11-8-8-18).

(103) Stolen valor fraud (IC 35-43-5-22) (before its repeal).

(104) Synthetic identity deception (IC 35-43-5-3.8) (before its repeal).

(105) "Synthetic urine" (IC 35-43-5-19.5).

(106) Tampering with a water supply; poisoning (IC 35-43-1-5).

(107) Terrorism (IC 35-47-12-1) (before its repeal).

(108) Terroristic deception (IC 35-43-5-3.6) (before its repeal).

(109) Terroristic mischief (IC 35-47-12-3) (before its repeal).

(110) Theft (IC 35-43-4-2).

(111) Threats; refusal to join or withdraw from organization; intimidation offense (IC 35-45-9-4).

(112) Unauthorized adoption advertising; (IC 35-46-1-21).

(113) Unauthorized adoption facilitation (IC 35-46-1-22).

(114) Undisclosed transport of dangerous device (IC 35-47-6-1.1).

(115) Unlawful employment by a sexual predator (IC 35-42-4-10).

(116) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).

(117) Unlawful entry to restricted area of airport (IC 35-47-6-1.4).

(118) Unlawful photography and surveillance on private property (IC 35-46-8.5-1).

(119) Unlawful possession of a card skimming device (IC 35-43-5-4.3) (before its repeal).

(120) Unlawful practices; investment advisers and investment adviser representatives; investment advisory contract (IC 23-19-5-2).

(121) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).

(122) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6) (before its repeal).

(123) Use of overpressure device (IC 35-47.5-5-9).

(124) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).

(125) Vicarious sexual gratification; sexual conduct in presence of a minor (IC 35-42-4-5).

(126) Violation of certain no contact orders; offense; penalty (IC 35-46-1-15.3).

(127) Violation of IC 25-2.1-12 (unauthorized practice of accounting) under IC 25-2.1-13-3.

(128) Violation of IC 25-2.5 (unauthorized practice of acupuncture) under IC 25-2.5-3-4.

(129) Violation of IC 25-3.7 (unauthorized practice of an anesthesiologist assistant) under IC 25-3.7-3.

(130) Violation of IC 25-5.1-4-1 (unauthorized practice of athletic trainer) under IC 25-5.1-4-2.

(131) Violation of IC 25-6.1-7-1 (unauthorized practice of auctioneering) under IC 25-6.1-7-1.

(132) Violation of IC 25-6.1-7-2 (violation of auctioneering statute) under IC 25-6.1-7-2.

(133) Violation of IC 25-8-15.4 (unauthorized operation of a tanning facility) under IC 25-8-15.4-25.

(134) Violation of IC 25-10-1 (unauthorized practice of chiropractic) under IC 25-10-1-11.

(135) Violation of IC 25-11-1 (violation of the collection agency statute) under IC 25-11-1-12.

(136) Violation of IC 25-13-1 (unauthorized practice of dental hygienist) under IC 25-13-1-3.

(137) Violation of IC 25-14-1 (unauthorized practice of dentistry) under IC 25-14-1-25.

(138) Violation of IC 25-14.3 (violation of diabetes educator statute) under IC 25-14.3-5-1.

(139) Violation of IC 25-14.5 (unauthorized practice of dietitian) under IC 25-14.5-7-2.

(140) Violation of IC 25-16-1 (violation of employment services statute) under IC 25-16-1-18 [IC 25-16 was repealed by P.L. 149-2023, SECTION 20, effective July 1, 2023] .

(141) Violation of IC 25-17.3-5 (violation of genetic counselors statute) under IC 25-17.3-5-3.

(142) Violation of IC 25-17.6-8-2 (unauthorized practice of professional geologist) under IC 25-17.6-8-2.

(143) Violation of IC 25-20-1 (unauthorized practice of hearing aid dealer) under IC 25-20-1-21.

(144) Violation of IC 25-20.7-5-1 (unauthorized practice of interior designer) under IC 25-20.7-5-1.

(145) Violation of IC 25-21.5-13-2 (unauthorized practice of surveying) under IC 25-21.5-13-2.

(146) Violation of IC 25-21.8 (unauthorized practice of massage therapy) under IC 25-21.8-7-1.

(147) Violation of IC 25-22.5 (unauthorized practice of medicine, midwifery, osteopathic medicine, or physician assistant) under IC 25-22.5-8-1 and IC 25-22.5-8-2.

(148) Violation of IC 25-22.5 (violation of temporary medical permit statute) under IC 25-22.5-8-3.

(149) Violation of IC 25-23-1 (unauthorized practice of nursing) under IC 25-23-1-27.

(150) Violation of IC 25-23.5-3 (unauthorized practice of occupational therapy) under IC 25-23.5-3-2.

(151) Violation of IC 25-23.6-3 (unauthorized practice of marriage and family therapy) under IC 25-23.6-3-3.

(152) Violation of IC 25-23.6-4 (unauthorized practice of social work) under IC 25-23.6-4-4.

(153) Violation of IC 25-23.6-4.5 (violation of mental health counselor statute) under IC 25-23.6-4.5-4.

(154) Violation of IC 25-23.6-10.1 (unauthorized practice of addiction counselor or therapist) under IC 25-23.6-10.1-6.

(155) Violation of IC 25-23.6-11-1 (unauthorized use of term "psychotherapy" or "clinical psychology") under IC 25-23.6-11-1.

(156) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.

(157) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.

(158) Violation of IC 25-23.7-7-5 (unauthorized practice of home installing) under IC 25-23.7-7-5.

(159) Violation of IC 25-23.4 (unauthorized practice of direct entry midwife) under IC 25-23.4-3-7.

(160) Violation of IC 25-24-1 (unauthorized practice of optometry) under IC 25-24-1-18.

(161) Violation of IC 25-26-13-29 (unauthorized practice of pharmacy or as a pharmacist) under IC 25-26-13-29.

(162) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).

(163) Violation of IC 25-26-19-9 (unauthorized practice of pharmacy technician) under IC 25-26-19-9.

(164) Violation of IC 25-26-21 (unauthorized provision of home medical equipment provider services) under IC 25-26-21-11.

(165) Violation of IC 25-27-1 (unauthorized practice of physical therapy) under IC 25-27-1-12.

(166) Violation of IC 25-27.5-7 (unauthorized practice of physician assistant) under IC 25-27.5-7-2.

(167) Violation of IC 25-28.5-1 (unauthorized practice of plumbing) under IC 25-28.5-1-31.

(168) Violation of IC 25-29 (unauthorized practice of podiatry) under IC 25-29-9-1.

(169) Violation of IC 25-30-1 (unauthorized practice of being a private investigator) under IC 25-30-1-21.

(170) Violation of IC 25-30-1.3 (unauthorized operation of a security agency) under IC 25-30-1.3-23.

(171) Violation of IC 25-31-1 (unauthorized practice of engineering) under IC 25-31-1-27.

(172) Violation of IC 25-31.5-8-7 (unauthorized practice as a registered professional soil scientist) under IC 25-31.5-8-7.

(173) Violation of IC 25-33-1-14 (unlawful use of title "psychologist") under IC 25-33-1-15.

(174) Violation of IC 25-34.5-3 (unauthorized practice of respiratory care) under IC 25-34.5-3-2.

(175) Violation of IC 25-35.6 (unauthorized practice of speech-language pathology and audiology) under IC 25-35.6-3-10.

(176) Violation of IC 25-36.1-2 (violation of certified surgical technology statute) under IC 25-36.1-2-3.

(177) Violation of IC 25-36.5-1-10 (unauthorized practice of timber buying or timber buying agent) under IC 25-36.5-1-10 and IC 25-36.5-1-15.

(178) Violation of IC 25-38.1 (unauthorized practice of veterinary medicine) under IC 25-38.1-4-10.

(179) Violation of IC 25-38.1 (unauthorized practice of veterinary technician) under IC 25-38.1-4-11.

(180) Violation of IC 25-39-5 (unlawful drilling and well installation) under IC 25-39-5.

(181) Violation of IC 25-41-1-1 (before its repeal) (unauthorized practice of behavior analyst) under IC 25-41-1-2 (before its repeal).

(182) Violation of Indiana Legend Drug Act (IC 16-42-19).

(183) Violations (IC 35-43-9-7) (before its repeal).

(184) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).

(185) Welfare fraud (IC 35-43-5-7) (before its repeal).

(186) Worker's compensation fraud (IC 35-43-5-21) (before its repeal).

(Indiana Plumbing Commission; 860 IAC 1-6-4; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-6-5 860 IAC 1-6-5 Convictions in another jurisdiction

860 IAC 1-6-5 Convictions in another jurisdiction

Authority: IC 25-1-1.1-6

Affected: IC 25-28.5

Sec. 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in section 4 of this rule shall also be a crime that may disqualify an individual from receiving a license and therefore included on the list.

(Indiana Plumbing Commission; 860 IAC 1-6-5; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

860 IAC 1-6-6 860 IAC 1-6-6 Prelicensure determinations; fee

860 IAC 1-6-6 Prelicensure determinations; fee

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-28.5

Sec. 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether an individual's misdemeanor or felony conviction may disqualify the individual from receiving a license or certification is twenty-five dollars ($25).

(Indiana Plumbing Commission; 860 IAC 1-6-6; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA; readopted filed Jan 17, 2024, 5:34 p.m.: 20240214-IR-860230763RFA)

Rule 7

860 IAC 1-7-1 860 IAC 1-7-1 Fines and civil penalties

Rule 7. Fines and Civil Penalties

860 IAC 1-7-1 Fines and civil penalties

Authority: IC 25-1-11-12; IC 25-28.5-1-8

Affected: IC 25-28.5

Sec. 1. (a) Fines and civil penalties levied by the commission are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set at less than one hundred dollars ($100).

(c) Mitigating factors include the following:

(1) Inability to pay.

(2) Acknowledging responsibility for underlying conduct.

(3) Acts prior to the underlying conduct to prevent or reduce damage to the public.

(4) Likelihood that the underlying conduct will not recur.

(5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.

(6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.

(7) Subsequent remedial acts deemed appropriate by the commission.

(d) Aggravating factors include the following:

(1) The underlying conduct resulted in moderate damage to the public.

(2) The underlying conduct resulted in severe damage to the public.

(3) The underlying conduct involved dishonesty or deception.

(4) The underlying conduct occurred as part of an overall pattern of improper conduct.

(5) The underlying conduct was motivated by bias against a protected class.

(6) Previous commission discipline.

(7) The underlying conduct involved a vulnerable member of the public, including an individual:

(A) less than twelve (12) years of age;

(B) more than sixty-five (65) years of age;

(C) with a disability; or

(D) under the licensee's care, custody, or control.

(8) Failure to cooperate in a consumer complaint investigation or commission proceeding.

(9) Dishonesty during commission proceedings.

(Indiana Plumbing Commission; 860 IAC 1-7-1; filed Apr 8, 2025, 1:31 p.m.: 20250507-IR-860240586FRA)