Indiana § 36-1-3-13 - Local unit regulation of building components, design, and materials; local unit regulation of vehicles and other machines; local unit regulation of home equipment and appliances

§ 36-1-3-13. Local unit regulation of building components, design, and materials; local unit regulation of vehicles and other machines; local unit regulation of home equipment and appliances

Sec. 13. (a) Unless required under IC 36-7-2-9, a unit does not have the power to do the following:

(1) Require that a particular component, design, or type of material be used in the construction of a building or other structure because of the energy saving or energy producing qualities of the component, design, or material.

(2) Prohibit the use of a particular component, design, or type of material in the construction of a building or other structure because the component, design, or material does not meet a standard for energy saving.

(3) Require that a building or other structure be retrofitted with a particular device or type of material because of the energy saving or energy producing qualities of the device or material.

(4) Adopt an ordinance, order, regulation, resolution, policy, or similar measure that:

(A) prohibits or restricts the purchase or use of vehicles or machines other than vehicles;

(B) distinguishes:

(i) between types of vehicles; or

(ii) between types of machines other than vehicles; or

(C) results in:

(i) differing regulatory standards for different types of vehicles; or

(ii) differing regulatory standards for different types of machines other than vehicles;

based upon the type of energy that powers the vehicle or machine.

(5) Prohibit the sale, installation, or use of any of the following:

(A) Natural gas powered home heating equipment.

(B) Natural gas powered home appliances.

(C) Grills, stoves, and other food preparation appliances designed to be used outdoors.

(D) Natural gas powered:

(i) heating appliances; and

(ii) torches, lamps, and other decorative features;

designed to be used outdoors.

(6) Enact an ordinance, adopt a resolution, or enforce an ordinance or resolution that purports to exercise a power denied by subdivisions (1) through (5).

(b) This section does not apply to requirements included in procurement documents used to procure goods and services, including the construction or design of buildings, to be owned or used by the unit. A unit may adopt bid specifications for a public works project that include energy savings or energy production provisions with respect to the components, design, or materials for the specific project.

As added by P.L.180-2021, SEC.4. Amended by P.L.26-2026, SEC.7.