Indiana to Minnesota: general contractor license reciprocity

Minnesota's ban on local contractor licensing is narrower than it first looks. Minn. Stat. 326B.835 stops a city, county or township from licensing a contractor who holds a state residential license, but only for the work that license covers. DLI's own FAQ spells out the rest: cities and counties "can require a local license for Certificate of Exemption holders and specialty contractors, and state licensed contractors performing work outside the scope of the state license (for example: Work on city-owned property, such as curb cut-ins or sidewalks, HVAC installation or maintenance, or commercial work)." A commercial builder should therefore ask the building department in each city it will work in whether a local contractor license or registration applies on top of the state construction contractor registration, and should expect the permit desk to ask for the registration number. Local governments may also add a permit surcharge of up to $5 for license verification.

How it works in Indiana. No Indiana agency issues a general, commercial or unlimited building contractor license, and there is no state qualifying party, no state business-and-law exam and no NASCLA route, because Indiana is not a NASCLA participating state. Cities and counties control commercial construction through the building permit, and what they require ranges from a full board examination to nothing at all. Where a jurisdiction does examine, it writes its own test on its own adopted code edition, so passing in one Indiana city does not satisfy the next one. Out-of-state experience and an out-of-state license generally carry no weight; Allen County is the only jurisdiction below whose rules even contemplate reciprocity, and it still requires the applicant to meet the county's own minimum qualifications.

Indianapolis and Marion County. The Department of Business and Neighborhood Services issues one General Contractor license covering commercial and residential work, on the same form that carries the Electrical, HVAC, Plumbing and Wrecking types. The filing is proof of business registration, a certificate of insurance naming the Consolidated City of Indianapolis and Marion County as certificate holder and additional insured with general liability of at least $500,000 for each occurrence of death or bodily injury and $100,000 for each occurrence of property damage or $500,000 per occurrence combined, worker's compensation or an exemption waiver, and a typed $10,000 license or permit surety bond naming "Consolidated City of Indianapolis and/or an Unknown Third Party" as obligee. Licenses expire December 31 of even-numbered years; the new-license fee is prorated across the two-year term ($247.00, $185.00 and $124.00 at the three stages in the current packet) and renewal is $247.00, with up to five authorized permit-pulling agents included and $63.00 for each one beyond that. New licensees attend an orientation class within 60 days. The packet imposes no exam, experience or qualifying-individual requirement - unlike the city's Electrical and HVAC packets, which require a craft license holder who has passed the board's examination. Contractor Licensing, 200 E. Washington St., Suite 107, (317) 327-1291, [email protected].

Fort Wayne and Allen County. Under Allen County Code 6-1-3-3 the Building Department issues two commercial tiers. The General Contractors License covers "the erection of new structures or all new additions to existing structures and all remodeling, repair, and demolition of existing structures" and is "unlimited in building contracting scope," carrying with it the building, residential, home improvement and sub-contractor scopes. The Building Contractors License covers the same activities for "commercial structures or multiple-dwelling residential buildings" and is "unlimited in building contracting remodeling and limited to three stories or less of new building construction and additions in scope." Each is a personal license that qualifies one business registration - the rules allow a holder to qualify only one entity absent documented ownership of others - and the contractor must separately register a full-time Superintendent as the responsible supervisor named on each permit. Examinations are required for licensure, prepared or administered by the Building Commissioner or an approved testing facility; the exam fee is set by the Commissioner and not printed in the rules. Annual fees are $90.00 for the General Contractors license, $90.00 for the Building Contractors license and $25.00 for each Superintendent registration, expiring December 31. There is one genuinely national shortcut: a Regional/National Account Contractors Registration at $250.00, under which "the Building Commissioner may grant a single project registration to general contractors who travel for regional or national account work in lieu of taking the required contractor's test." It applies only where the brand business hires the contractor directly, never to developer-hired contractors or prime subcontractors, and it requires the application form, company and project-manager and superintendent resumes, a list of planned subcontractors and a client letter verifying comparable projects. Allen County's reciprocity section grants reciprocity subject to the guidelines for the trade and still requires the county's minimum qualifications, with Commissioner discretion for applicants who present evidence of the necessary credentials; those guidelines are not published, so confirm with the Building Department first.

Evansville. The Building Commission issues a Building General Contractor license for "wrecking, constructing, installing, repairing, remodeling, or servicing any structural or nonstructural portions of any multi-family residential, commercial, or industrial building, including all roof coverings and site work." The route is an application with three letters of recommendation proving at least four years of experience, board approval to test, then an open-book examination scheduled and paid through Ivy Tech at (812) 429-9852, with 70 percent to pass for contractor categories. A provisional license issues on payment plus proof of insurance and bond, and the Licensing and Disciplinary Board grants final approval on the fourth Thursday of the month. A commercial general contractor must carry general liability insurance of at least $1,000,000, post a $25,000 surety bond on the Commission's own form and show worker's compensation coverage or an affidavit, within six months of passing the exam. Published fees are $360.00 new, $210.00 renewal and $400.00 for a two-year renewal. Holding the Building General Contractor license removes the need for the separate subcontractor licenses on commercial work.

South Bend and St. Joseph County. Every contractor and subcontractor working in St. Joseph County or the City of South Bend must be registered or licensed with the Building Department, and commercial builders use the same single Building Contractor Registration as residential ones. It is the Pre-Licensing Registration Form, a $5,000 surety bond and a $125 registration fee, issued at the counter with no exam and no experience review; only Electrical and HVAC applicants file a full packet, pay a $50 application review fee and wait ten business days. Building Department, 215 S. Dr. Martin Luther King, Jr., Suite 100, [email protected], 574.235.9554.

Hammond and Lake County. Hammond issues a Commercial General contractor license on examination. The test is given on the first Monday of the month at 10:00 a.m. at the Hammond Sportsplex, open book with calculators, one hour, 70 percent to pass, on the 2012 IBC for the commercial paper. The examination fee is $100 and non-refundable, a missed sitting costs $50 to re-take, and the application is due a week ahead with a $20 limited criminal history report from the Hammond Police Department. Approval also requires attendance at the Building Contractors Board at 6:00 p.m. on the first Monday of the month. The licensee then files a certificate of insurance naming the City of Hammond with liability of 100,000/300,000 bodily injury and 50,000 property damage, worker's compensation or a waiver, and a $5,000 license and permit bond in the name of the "Board of Lake County Commissioners, all Cities, Towns and Municipalities of Lake County, Indiana," recorded at the Lake County Recorder's Office in Crown Point. The license is $200.00 initially and $100.00 to renew between January 1 and January 31; it expires December 31 and is void if not renewed by June 30. An out-of-state corporation must file a Certificate of Foreign Registration with the Indiana Secretary of State, and a $10,000 street opening bond is mandatory for plumbing, boring and underground utility work.

Bloomington and Monroe County. Commercial permits for the Bloomington area come from the Monroe County Building Department. The county licenses plumbing and electrical work and registers design professionals, but its general contractor record is expressly optional: "this application is voluntary and includes a sign up of General Contractors in the Monroe County area ... there are no fees or attachments required to sign up." County licensees carry public liability and property damage insurance naming Monroe County as an additional assured at $500,000 combined single limit, or $500,000 per occurrence for injury or death plus $100,000 for property damage, and worker's compensation unless they have no employees. Building Department, 501 N. Morton Street, Suite 220, (812) 349-2580.

Everywhere else. Other Indiana cities and counties set their own contractor ordinances, and many require only a permit and proof of insurance. Before bidding work, ask the local building or inspections department which categories it licenses, whether it examines, what bond and insurance limits it sets and when its board meets, because in Indiana all four answers change from one county line to the next.