a. All applications or requests for a permit of whatsoever nature and purpose required by said Town shall be submitted to the Planning and Building Administrator of the Town of Schererville, Lake County, Indiana, for filing and review. Such applications and permits shall include, but are not limited to the following:
1. Electrical permit
2. Plumbing permit
3. Change of use permit
4. Zone permit
5. Building permit
6. Issuance of certificate of occupancy
7. Zone change application
8. Subdivision application
9. Special exception application
10. Variance application
11. Contractor's licensing
12. Street excavation
13. Permits and applications relating in any manner to park and recreation
14. Permits and applications relating in any manner to streets, utilities, water, sewers, and sanitation.
b. Upon the filing of said application or request, the Planning and Building Administrator shall immediately forward such request or application to the proper official or secretary of the proper Town body for consideration. The Public Works Director or Town body to act upon the application or request shall review the application or request and determine whether the application or request should be approved or rejected and, if approved what conditions, if any, should attach to that approval. The Public Works Director in conjunction with the Planning and Building Administrator of the Town Administration shall determine the proper fee to be paid to the Town for such application or request and upon payment of the proper fee to the Town Clerk-Treasurer and satisfaction of all conditions attached to said approval, if any, the Public Works Director shall issue the appropriate permit.
c. The Public Works Director may delegate his power to review, act upon and issue any particular type of permit to any official or appropriate employee of the Town of Schererville, Indiana, which official or employee shall have the authority and power to act upon all permits of that type to the extent designated by the Public Works Director in conjunction with the Planning and Building Administrator and the Town Administrator.
d. All other ordinances, resolutions, laws, rules or regulations which require the filing of an application or request for a permit with an official or employee of the Town of Schererville, Indiana, are amended and modified to conform to the provisions of this ordinance.
e. Building permit minimum mandatory conditions. In addition to any other conditions that may be required in connection with the issuance of building permits, 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 two hundred fifty thousand dollars ($250,000.00), 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, namely:
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 Building Commissioner, or his/her designee, until further notice by him/her.
It shall be a material condition of a building permit issued hereunder 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 pursuant to said issued building permit on the project, namely:
1. 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 (3) years;
2. The contractor had not been found within the past three (3) 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;
3. The contractor shall maintain appropriate worker's compensation insurance as required by the provisions of I.C., § 22-3-5, et seq., as amended, and provide documentary proof of such coverage to the Building Commissioner, to be maintained as a public record;
4. The contractor must properly classify employees as employees rather than independent contractors and treat them accordingly for purposes of minimum wages and overtime, worker's compensation insurance coverage, unemployment taxes, social security taxes, and state and federal income tax withholding;
5. The contractor must maintain detailed payroll records and provide the records, upon request, to the Building Commissioner, or his/her designee, within five (5) days of the request;
6. The contractor must comply with the provisions of I.C., § 22-2 et seq., as amended, with respect to the payment of wages; and
7. The contractor must pay contributions to the unemployment insurance benefit fund established by the provisions of I.C., § 22-4-26-1, as amended.
f. In the event that the permit is issued, the applicant for the building permit shall be responsible for ensuring that all contractors performing construction work on the property comply with the building permit minimum mandatory conditions required by this section, as amended from time to time, for the duration of work on the project. If any person or entity that is subject to those building permit minimum mandatory conditions fails to comply with any of the qualifications and conditions with respect to work on the project and this law, and in addition to any other penalties or consequences provided by applicable law, the Building Commissioner, or his/her designee, may issue a stop work order of all construction work on the entire project until the violation is remedied. Once the Building Commissioner, or his/her designee, determines that the violation has been remedied, he/she will withdraw the stop work order, and construction on the project may proceed, or resume.
g. In the event that a complaint is filed and/or brought to the attention of the Town's Building Department or Building Commissioner, may conduct an investigation of the required building permit minimum mandatory conditions. All documents requested will be required to be provided to the Building Department of the Town no later than five (5) business days from date of notice. In the event that a violation is found, the contractor may be subject to fines and/or loss of contractor license issued by the Town. All documents will be recorded and retained as public documents and, as deemed appropriate, will be turned over to local, county and state prosecuting attorneys for further investigation and/or prosecution.
h. In the event that the contractor applying for a building permit has been found guilty or violative of any local, state or federal violations of applicable law, or said building permit minimum mandatory conditions, the Building Commissioner may not issue a permit to the contractor and may deny a building permit application; after a period of five (5) years elapses from the date of the violations, and at the approval of the Building Commissioner, the Building Commissioner may consider and approve building permits for an applicant contractor which had previously violated these and all related laws based upon verification of compliance with said laws and the building permit minimum mandatory conditions set forth herein, including verified compliance with the mandatory reporting of all payroll documents, including pay stubs, to all employees and minimum wages and overtime, worker's 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 building permit. This verification shall be documented as a public record in the Town records. (Ord. No. 770, § 1-4, 12-27-78; Ord. No. 1950 § 1, 1-15-20)
Notes
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