(a) Minimum Mandatory Conditions. In addition to any other conditions that may be required in connection with the issuance of building permits under the Town Code, each building permit issued in connection with the construction, reconstruction, installation, demolition, maintenance, or repair of any commercial building estimated to cost Two Hundred Fifty Thousand Dollars ($250,000.00) or more or in connection with a residential building with five (5) or more units shall be subject to, and shall include the following set of mandatory permit conditions and qualifications:
(1) It is a mandatory and material requirement for the issuance and retention of a building permit that any construction manager, general contractor, or other lead or prime contractor, or any entity functioning in any such capacity, and any other contractor or subcontractor of any tier or other person or entity that is engaged to perform the construction work on the property that is the subject of this permit (hereinafter, collectively and individually referred to as the “contractor”) shall comply with these qualifications and conditions at all times during their performance of work on the project;
(2) The contractor shall not have been barred or suspended from performing construction work by any federal, state, or local government agency or authority in the three (3) years immediately preceding the application for a building permit;
(3) The contractor shall not have been found within the past three (3) years by a court or governmental agency in violation of any law relating to providing worker’s compensation insurance coverage, misclassification of employees as independent contractors, payment of employer payroll taxes, employee income tax withholding, wage and hour laws, prompt payment law, or prevailing wage laws;
(4) The contractor shall maintain appropriate workers compensation insurance as required by Indiana Code § 22-3-5, et seq., and provide documentary proof of such coverage to the Town Manager to be maintained as a public record;
(5) The contractor shall properly classify all employees as employees rather than independent contractors, and comply with all laws accordingly for the purposes of minimum wages and overtime, worker's compensation insurance coverage, unemployment taxes, Social Security taxes, and state and federal income tax withholding;
(6) The contractor shall maintain detailed payroll records and provide the records to the Town Manager, or his/her designee, within five (5) days of a request for the same;
(7) The contractor shall comply with Indiana Code § 22-2, et seq., with respect to the payment of wages; and
(8) The contractor shall pay all required contributions to the unemployment insurance benefit fund established by Indiana Code § 22-4-26-1.
(b) In the event any person or entity subject to the foregoing conditions and qualifications fails to comply with any of the qualifications and conditions with respect to the project for which the permit was issued, the permit shall be deemed, by operation of law, temporarily suspended and all construction work on the entire project shall cease immediately upon issuance of a stop work order by the Town Manager, or his/her designee, until further notice.
(c) The applicant for the building permit shall be responsible for requiring that all contractors performing construction work pursuant to the permit comply with the minimum mandatory conditions required by this section for the duration of work on the project. If any person or entity subject to those minimum mandatory conditions fails to comply with any of the qualifications and conditions with respect to work on the project, and in addition to any other penalties or consequences provided by law, the Town Manager, or his/her designee, shall issue a stop work order with respect to all construction work on the entire project until the violation is corrected. Upon the Town Manager, or his/her designee, determining that the violation has been corrected, he/she shall withdraw the stop work order and construction on the project may proceed.
(d) In the event that a complaint is filed and/or brought to the attention of the Town of Dyer, the town shall conduct a complete investigation into compliance with the required minimum mandatory conditions. Any documents requested by the town from the building permit holder shall be produced to the town within five (5) business days after the request. In the event that a violation is found, the building permit holder shall forfeit the building permit and all fees paid to the town. All documents shall be recorded as public documents and shall be forwarded to local, county, and state prosecuting attorneys and government officials for further investigation and/or prosecution.
(e) In the event the person or entity holding the building permit is found in violation of any local, state, or federal employment, wage, or tax laws or the minimum mandatory conditions set forth herein, the Town Manager shall not issue a building permit to the person or entity for a period of five (5) years from the date of the violation. Any new building permit issued thereafter shall require the mandatory reporting of all payroll documents, including pay stubs for all employees, payment of minimum wages, and statutory overtime, proof of payment of all required unemployment taxes, Social Security taxes, and state and federal income tax withholding, and proof of current workers compensation insurance coverage for the proper amount of employees on a weekly basis. All of these reporting requirements shall be for the duration of the permit.
(Ord. 2019-08, § 1, 9-12-19)