2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-60. Structural Steel Welding

Sec. 60. (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.
As added by P.L.70-2023, SEC.2.