(A) No building, structure or use of land may hereinafter be erected or located on platted or unplatted land unless the structure, improvement or use in this location conforms to the codes adopted in § 150.35, this code of ordinances and any other ordinance of the town, and a building permit has been issued for such structure, improvement or use. In addition, no lot shall be elevated by filling or lowered by removal of soil unless a permit has been obtained.
(B) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this chapter, or to cause any such work to be done, shall first make application to the Director and obtain the required permit.
(1) No building permit shall issue which is not in strict conformity with the building codes adopted in § 150.35 and with this chapter except upon written order of the Board of Zoning Appeals.
(2) All building permits shall be clearly visible and conspicuously posted 30 inches above grade on the premises where the permitted work is to be performed from the time the permit is issued until construction is fully completed and all final inspections are made and/or a certificate of occupancy is issued. Failure to properly post and display and continuously post a building permit pursuant to this chapter shall be a violation of this chapter.
(3) All work performed under a permit shall strictly conform, without deviation, to the plans and applications officially approved and all other applicable local and state building codes and standards.
(4) No building permit shall issue for construction subject to a state design release from the Indiana Fire Prevention and Building Safety Commission until the design release has been obtained by the applicant and is filed with the Director.
(C) No building permit shall issue for any multi-family residential structure, including but not limited to duplexes, fourplexes and other denser or similar residential structures, unless and until:
(1) The applicant submits, as part of the application, a written solid waste and recycling plan that describes in detail how the solid waste generated by the occupants of each structure, and each unit therein, will be managed and the specific procedures that will be implemented for reduction, reuse and recycling to reduce the anticipated waste stream; and
(2) The solid waste and recycling plan is approved by the Director or his or her designee.
(3) Each solid waste and recycling plan submitted shall include:
(a) The name and address of the owner of the structure;
(b) The address of each structure and total number of residential units therein;
(c) The anticipated solid waste stream per residential unit and total for each structure;
(d) The name, address and telephone number of the solid waste hauler that will be responsible for managing the solid waste and implementing the recycling plan; and
(e) Any other information the Director deems relevant to evaluate and approve the plan.
(D) No building permit shall issue for any commercial, industrial, manufacturing or business structure within any zoning district, unless and until:
(1) The applicant submits, as part of the application, a written solid waste and recycling plan that describes in detail how the solid waste generated by the occupant of each structure, and each unit therein, will be managed and the specific procedures that will be implemented for reduction, reuse and recycling to reduce the anticipated waste stream; and
(2) The solid waste and recycling plan is approved by the Director or his or her designee.
(3) Each solid waste and recycling plan submitted shall include:
(a) The name and address of the owner of the structure;
(b) The address of each structure and total number of commercial units therein;
(c) The anticipated type of solid waste to be generated by the occupant of the structure, the anticipated stream per unit and total stream for the entire structure;
(d) The name, address and telephone number of the solid waste hauler that will be responsible for managing the solid waste and implementing the recycling plan; and
(e) Any other information the Director deems relevant to evaluate and approve the plan.
(E) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of the town. Permits shall not be required for the following:
(1) Building.
(a) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(b) Prefabricated swimming pools that are less than 24 inches deep.
(c) Swings and other playground equipment accessory to a one- or two-family dwelling.
(2) Electrical repairs and maintenance. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(3) Gas.
(a) Portable heating, cooking or clothes drying appliances.
(b) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
(c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(4) Mechanical.
(a) Portable heating appliances.
(b) Portable ventilation appliances.
(c) Portable cooling units.
(d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter.
(e) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
(f) Portable evaporative coolers.
(g) Self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less.
(h) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(5) Plumbing.
(a) The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter.
(b) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(6) Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted with the next working business day to the Director.
(7) Ordinary repairs. Ordinary repairs to structures as long as such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric writing or mechanical or other work affecting public health or general safety.
(8) Public service agencies. The installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.
(F) It shall be the responsibility of the Director to determine if a building permit is required.
(G) Minimum mandatory conditions. In addition to any other conditions that may be required in connection with the issuance of building permits under this chapter, each building permit issued in connection with the construction, reconstruction, installation, demolition, maintenance, or repair of any commercial building estimated to cost not less than $250,000.00 or in connection with a residential building with five or more units shall be subject to and shall include the following set of mandatory permit conditions:
(1) It shall be a material condition of this 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 the following qualifications and conditions at all times during their performance of work on the project:
(a) The contractor has not been barred or suspended from performing construction work by any federal, state, or local government agency or authority in the past three years;
(b) The contractor had not been found within the past three years by a court or governmental agency in violation of any law relating to providing workers' 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;
(c) The contractor must maintain appropriate workers' compensation insurance as required by IC 22-3-5 et seq., and provide documentary proof of such coverage to the Town Manager to be maintained as a public record;
(d) The contractor must properly classify employees as employee rather than independent contractors and treat them accordingly for purposes of minimum wages and overtime, workers' compensation insurance coverage, unemployment taxes, social security taxes, and state and federal income tax withholding;
(e) The contractor must maintain detailed payroll records and provide the records, upon request to the Town Manager or his or her designee within five days of the request;
(f) The contractor must comply with IC 22-2 et seq., with respect to the payment of wages; and
(g) The contractor must pay contributions to the unemployment insurance benefit fund established by IC 22-4-26-1.
(2) If any person or entity that is subject to the foregoing fails to comply with any of the qualifications and conditions with respect to work on the project, this permit shall be deemed 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 or her designee until further notice by him or her.
(3) In the event the permit is granted, the applicant for the permit shall be responsible for ensuring that all contractors performing construction work on the property comply with the minimum mandatory conditions required by this section for the duration of work on the project. If any person or entity that is 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 or her designee shall issue a stop work order with respect to all construction work on the entire project until the violation is remedied. Once the Town Manager or his or her designee determines that the violation has been remedied, he or she shall withdraw the stop work order and construction on the project may proceed.
(4) In the event that a complaint is filed and/or brought to the attention of the town's Building Department or Town Manager, there shall be a full investigation of the required minimum mandatory conditions. All documents requested will be required to be in the possession of the Building Department of the town no later than five business days. In the event that a violation is found, the contractor shall be subjected to fines, and/or loss of contractor license issued by the town. All documents will be recorded as public documents and shall be turned over to local, county and state prosecuting attorneys for further investigation and/or prosecution.
(5) In the event the contractor applying for the permit has been found guilty of any local, state or federal violations of the law, or said minimum mandatory conditions, the Town Manager may issue a permit to the contractor; after a period of five years of the violations and at the consent of the Town Manager; with the mandatory reporting of all payroll documents including pay stubs to all employees and minimum wages and overtime, workers' compensation insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding; and certification of current workers' compensation insurance coverage for the proper amount of employees on a weekly basis for the duration of the permit.
(Ord. 2011-16, passed 12-27-11; Am. Ord. 2020-01, passed 1-27-20) Penalty, see § 10.99