§ 8-23-9-60 — Structural steel welding

Indiana § 8-23-9-60

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 9: State Highway Contracts; General Powers

Text

(a) As used in this section, "adequate welding
standards" means specifications, guidelines, tests, and other methods
used to ensure that all structural steel welds meet, at minimum, the
codes and standards for such welds established in the welding code and
under rules adopted by the fire prevention and building safety
commission under IC 22-13-2-2.
(b) As used in this section, "certified welding inspector" means a
person who has been certified by the American Welding Society to
inspect structural steel welding projects and conduct welder
qualification tests.
(c) As used in this section, "structural steel welding" means
structural welds, weld repair, the structural system, and the welding of
all primary steel members of a structure in accordance with the welding
code. The term does not include welding that is required by the
American Society of Mechanical Engineers to have its own
certification.
(d) As used in this section, "welding code" refers to the American
Welding Society structural steel welding code D1.1, as in effect on July
1, 2023.
(e) A contractor whose workers are welding the structural steel on
a project shall ensure that all of the following occur:
(1) The workers performing the structural steel welding have been
tested by, and hold a valid certification from, a facility that, or an
individual who, has been accredited by the American Welding
Society to test and certify welders and welding inspectors.
(2) All structural steel welds performed for the project meet
adequate welding standards and follow the project's special
provisions.
(3) All structural steel welding inspections listed in the project's
special provisions are completed by a certified welding inspector.
(f) If the department reasonably suspects a contractor has violated
this section, the department shall require the contractor to remedy the
violation not later than thirty (30) days after the department notifies the
contractor of the violation. The notification to the contractor must be
signed by the commissioner and sent by a method that enables the
department to verify receipt of the notice by the contractor. During the
thirty (30) day period, the contractor may continue to work on the
project. If the contractor fails to remedy the violation within the thirty
(30) day period, the department shall find the contractor not
responsible and determine the length of time the contractor is
considered not responsible by the department.
(g) In making the determination of the length of time a contractor is
not responsible under subsection (f), the department shall consider the
severity of the violation. The period during which a contractor is
considered not responsible:
(1) may not exceed forty-eight (48) months; and
(2) begins on the date of substantial completion of the project.
(h) A finding by the department under subsection (f) that a
contractor is not responsible may not be used by another state agency
or a political subdivision in making a determination as to whether the
contractor is responsible for purposes of that state agency's or political
subdivision's award of a public works contract to that contractor.

Legislative History

As added by P.L.70-2023, SEC.2.