(A) Contractor registration. This section, and all ordinances supplemental or amendatory hereto, shall be known as the “Requirements for the registration and listing of contractors, subcontractors and specialty contractors in the City of Valparaiso, Indiana” and may be cited as such.
(‘89 Code, 32.01)
(B) Purpose. The purpose of this section is to provide for central information and record keeping of contractor, subcontractor and specialty contractor performance in the hope that minimum standards will be encouraged for the protection of life, health, environment, public safety and general welfare to users of contractors, subcontractors and specialty contractors in the performance of construction, alteration, repair, moving, wrecking and demolishing of any structures.
(‘89 Code, 32.02)
(C) Administration. The Building Commissioner is hereby authorized and directed to administer and enforce all provisions of this section.
(‘89 Code, 32.03)
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTRACTOR. Any person, except a licensed architect or registered professional engineer, who in any capacity other than as the employee of another for wages as the sole compensation, undertakes to construct, alter, repair, move, wreck, or demolish any structure. The term includes general contractor, subcontractor or specialty contractor, but does not include a person who furnishes materials or supplies.
SUBCONTRACTOR/SPECIALTY CONTRACTOR. A person who makes an agreement to perform a limited segment of the construction, improvement, repair or remodeling of the premises. This includes agreements with a general contractor or property owner.
(I.C. 22-11-3.1-1)
(E) Requirements for registration. It shall be unlawful for any person to engage in the business or act in the capacity of a contractor or subcontractor/specialty contractor within the city without having registered and submitted the following:
(1) An application form indicating the name, address and legal business status of the contractor/subcontractor/specialty contractor to the Building Commissioner. If the contractor/ subcontractor/specialty contractor is a corporation, the name and address of the resident agent is required. Area of expertise shall be stated on the application. The areas of expertise shall include but not be limited to the following:
(a) General contractor;
(b) Carpentry;
(c) Plumbing;
(d) Electrical;
(e) Masonry/tiling;
(f) Concrete;
(g) Heating/cooling/ventilating;
(h) Roofing/siding/insulation/weather protection;
(i) Drywall/plaster;
(j) Mechanical (HVAC);
(k) Excavating;
(l) Demolition;
(m) Flooring, excluding hardwood and carpeting;
(n) Tree removal/trimming/landscaping/lawn maintenance; and
(o) Snow removal.
(2) Each contractor or subcontractor/specialty contractor shall submit a certificate of insurance in the minimum amounts of $500,000 bodily injury and property damage and workers’ compensation in the maximum amount required by state law.
(3) Each contractor or subcontractor/specialty contractor shall submit a bond in the amount of $5,000 to provide an assurance that they will comply with the ordinances and regulations of the City of Valparaiso. This bond shall be filed with the Porter County Recorder.
(I.C. 22-11-3.1-2) (‘89 Code, 32.05)
(4) Upon presentation of the above requirements the Clerk-Treasurer shall furnish the contractor, subcontractor or specialty contractor with a registration receipt.
(F) Fees, payment; issuance of permits; homeowners.
(1) Upon presentation of the requirements, and provided that the contractor/ subcontractor/specialty contractor is not otherwise in violation of this or any other city code/ordinance, the Clerk-Treasurer shall furnish the contractor, subcontractor/specialty contractor with a registration receipt upon payment of the registration fee of $100.
(I.C. 22-11-3.1-3)
(2) If registering for the first time between September 1 and October 31 of any year the initial registration fee of $100 will be charged; however, this fee will carry over to pay the renewal fee for the succeeding year. All contractors registering for the first time between June 1, 2009 and October 31, 2009 only shall pay an initial registration fee of $100; however this fee will carry over to pay the renewal fee of the registration expiring on October 31, 2010.
(3) No person shall engage in the business of contracting, subcontracting or specialty contracting in the city without first procuring from the Clerk-Treasurer a receipt evidencing payment of the registration fees prescribed in this division (F). The Building Commissioner shall not issue building permits to anyone except a duly registered contractor, subcontractor or specialty contractor or his or her duly authorized active officer or agent under the provisions of this division (F).
(4) Building permits shall be granted to actual homeowners who are undertaking to do the work or construction themselves on their own homes or structures on the premises on which they reside. However, this exclusion shall not be available more than once every five years when applied towards construction of new one- or two-family residences.
(5) All contractors/subcontractors/specialty contractors seeking to do business under a new or different name shall be required to submit a new application form and pay the initial registration fee. The Building Commissioner may deny the issuance of a new registration until any and all outstanding violations and citations against the contractor/subcontractor/specialty contractor have been resolved.
(G) Duration. A registration shall be for a period of one year between November 1 and October 31 of the following year or for the remainder thereof, whichever time is shorter. The registration period for the years 2009/2020 only shall be for the time period between August 1, 2009 and October 31, 2010.
(I.C. 22-11-3.1-4) (‘89 Code, 32.06)
(H) Renewal procedure. Upon the expiration of any registration issued under this section, the contractor, subcontractor or specialty contractor will be required to reapply for a new registration. Any registrant renewing his or her registration or paying his or her renewal after November 1 of each succeeding year shall be subject to a penalty of $30. When renewing the registration the registrant shall again provide the Clerk-Treasurer with a new registration form, a copy of the bond recorded with Porter County and with a certificate of insurance as specified in division (E) above. For registration period 2009/2010 only; renewal of registration after August 1, 2009 will be subject to a penalty of $30.
(I) Renewal fees.
(1) As long as a registrant pays the registration renewal fee annually on or before October 31, the fees shall be $50. For registration period 2009/2010 only; as long as registrant pays the registration renewal fee annually on or before July 31, 2009, the fees shall be $50.
(2) If the registrant does not pay the registration fee on or before the dates as listed in division (I)(1) annually, the fees shall be calculated in accordance with the provisions of division (H) above.
(J) Complaint record. The Building Commissioner will accept written complaints against listed contractors and shall maintain such complaints in a file to be kept for five years. These records shall be open to the public.
(‘89 Code, 32.07)
(K) Notice of violation. Failure of a contractor, subcontractor or specialty contractor to comply with this section shall result in a written notice of the failure served on the contractor by the Building Inspector. The notice shall state that the contractor must comply with this section within 48 hours of the notice. The notice shall state that a fine of up to $2,500 shall be imposed upon the failure to comply with the notice.
(‘89 Code, 32.08)
(L) Fine. Failure to comply with the Building Inspector’s notice of non-compliance shall result in a fine of up to $2,500.
(‘89 Code, 32.09)
(M) Service. Service under the terms of this section shall be effective upon the posting of the notice in First Class regular mail addressed to the business address to the contractor.
(‘89 Code, 32.10)
(N) Non-transferable. No listing issued under the provision of this section shall be assignable or transferable.
(O) Revocation. The Building Commissioner shall have the power to temporarily suspend or permanently revoke the registration of any contractor or subcontractor who the Building Commissioner determines to have committed one or more of the following acts or omissions:
(1) Deliberate misrepresentations of any material fact, fraud, or deceit in obtaining a contractor registration.
(2) Gross negligence or gross incompetence while engaged in the business of acting in the capacity of a contractor or subcontractor within the meaning of this section.
(3) Aiding, abetting, or knowingly combining with an unregistered person with the intent to evade the provisions of this section.
(4) Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the registrant as contractor or subcontractor.
(5) Diversion of funds or property received for a specified purpose, and for the purpose and prosecution or completion of any construction project or operation, and the application or use of such funds for any other project or operation, obligation, or purpose with intent to defraud or deceive creditors or the owners.
(6) Willful and deliberate violations of the building laws of the State of Indiana and the City of Valparaiso.
(7) Willful departure from or disregard of plans and specifications in any material respect, without the consent of the person entitled to have the particular construction or operation completed.
(8) The doing of any willful or fraudulent act by the registrant as contractor or subcontractor as a consequence of which another is substantially injured.
(9) Failure in any substantial respect to comply with the provisions of this section.
(10) Disregarding a stop work order which has been issued for violation of ordinances or building codes or laws; provided, when a contract has been executed or commenced, the contractor may proceed nevertheless to complete such contract on the condition that he or she will make the necessary adjustments and repairs.
(11) Any other reason not set forth herein that the Building Commissioner determines justifies a suspension or revocation of a contractor’s registration.
(P) Appeal to Board of Works. A subcontractor or contractor may appeal a decision of the Building Commissioner to suspend or revoke said contractor’s registration to the Board of Public Works and Safety.
(Q) Revocation procedure. The Board of Public Works and Safety shall be the board authorized to conduct hearings on all appeals.
(1) When a hearing is requested by a contractor on charges brought under this section, the Board shall set the time and place when such hearing shall be held. The contractor shall be present for such hearing and may be represented by counsel.
(2) At hearing the Board of Public Works and Safety shall determine if a contractor is in violation of the terms of this section and the Board shall have the power to suspend such contractor registration for a definite period, to revoke such contractor registration, or to issue an order against such contractor to correct the violation, fixing a reasonable time within which such correction shall be made or accomplished and, upon compliance with such order, the Board may dismiss such complaint. If the contractor does not correct such violation within the time required by the previous order, the Board shall have the power to extend such time for correction of the violation or shall have the right to suspend such contractor registration for a determinative period or may revoke the contractor registration without any further right to hearing by registrant.
(3) After revocation of any contractor registration, such registration shall not be renewed, and no new contractor registration shall be issued to the same registrant or contractor registration holder within a period of at least one year subsequent to the date of revocation. After the expiration of the one year period, a contractor registration shall only be issued upon proper documentation showing that all violations, acts, or omissions for which the contractor registration was revoked have been corrected and that compliance with all conditions imposed by the decision of the revocation has been met.
(4) Any contractor who is aggrieved by the decision of the Board of Works may further appeal as allowed by the laws of the State of Indiana.
(5) Whenever a new contractor registration is issued to any applicant whose contractor registration has previously been revoked, the issuance shall be treated as an initial registration.
(‘89 Code, 32.11) (Am. Ord. 28-2005, passed 6-27-05; Am. Ord. 11-2009, passed 3-23-09)