(A) Applications for licenses under this subchapter shall be made to the City Controller in conformity with the general licensing provisions of this code. Thereupon, the City Controller shall notify the Building Contractors’ Board of Examiners.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CONSTRUCTION. Any constructing, altering, reconstructing, repairing, rehabilitating, refurbishing, remodeling, remediating, renovating, custom fabricating, maintaining, or landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, airport facility, highway, roadway street, alley, bridge, sewer, drain, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other project, development, real property or improvement, or doing any part of these actions. It is immaterial whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement described in this section. CONSTRUCTION shall also include moving construction related material on the job site or to or from the job site.
(2) CONTRACTOR. Any sole proprietor, partnership, form, corporation, limited liability company, association, or other legal entity that engages in construction. The term includes a general contractor, subcontractors and any lower tiered contractors. The term does not include in the city. A contractor may be liable for any subcontractor’s or lower tiered contractor’s failure to properly classify an individual as an employee, if the contractor knew or should have known that the subcontractor or lower tiered contractor failed to properly classify the individual.
(C) The Building Contractors’ Board of Examiners shall also inquire, before issuing any license, into the good character, experience, ability and qualifications of the applicant.
(D) The Building Contractors’ Board of Examiners shall inquire as to the employees of the applicant (if any) and inquire as to the status of those employees to determine if worker misclassification is at issue.
(E) In determining whether a contractor properly classifies an individual as an employee or independent contractor, the city shall consider whether the contractor does the following on behalf of the individual:
(1) Withholds, reports and remits payroll taxes.
(2) Pays contributions to the unemployment insurance benefit fund established by I.C. 22-4-26-1.
(3) Maintains worker’s compensation insurance as required by I.C. 22-3-5.
(4) Pays 1 1/2 times the regular hourly rate of wages for hours worked in excess of 40 hours in a work week.
(F) If necessary, the applicant may be asked by the Board of Examiners to provided the following records for any individual performing services on behalf of the contractor:
(1) The name, address, phone number, and social security number, individual taxpayer identification number or federal tax identification number;
(2) The type of work performed and the total number of days and hours worked;
(3) The method, frequency, and basis on which wages were paid or payments made;
(4) All invoices, billing statements, or other payment records, including the dates of payments, and any miscellaneous income paid or deductions made;
(5) Copies of all contracts with the individual, and policy or employment manuals of the employer for the period that the individual performed services for the contractor;
(6) Evidence of contributions paid to the unemployment insurance benefit fund established by I.C. 22-4-26-1, where applicable;
(7) Evidence that the contractor maintains workers compensation insurance coverage as required by I.C. 22-3-5; and
(8) Any federal and state documents or other information the city considers relevant or necessary.
(G) If the Board is not satisfied, the application may be denied or deferred by the Board of Examiners. If the Board is satisfied, it shall approve the application and a license will be issued.
(H) If a contractor’s license is issued, based upon information provided by an applicant, that is later discovered to be inaccurate, fraudulent or incomplete, such application may be suspended or revoked under § 150.023.
(Prior Code, § 150.08) (Ord. 3456, passed 5-10-65; Am. Ord. 3851, passed 11-13-72; Am. Ord. 8941, passed 7-29-2008)
Cross-reference:
Right to appeal decision on any application for examination, see § 150.026(E)