Indiana § 22-15-3-8 - Expired

§ 22-15-3-8. Expired

As added by P.L.92-2012, SEC.6. Expired 1-1-2014 by P.L.92-2012, SEC.6.

IC 22-15-3.2Chapter 3.2. Design Releases

22-15-3.2-1"Applicant" 22-15-3.2-2"Application" 22-15-3.2-3"Design professional" 22-15-3.2-4Repealed 22-15-3.2-5Form of notice 22-15-3.2-6Design release application requirements; combined design release and construction permit applications 22-15-3.2-7Selection for plan review 22-15-3.2-7Issuance of design release; selection for plan review; list of qualifying plans 22-15-3.2-8Receipt of application; notice of design release issuance or plan review 22-15-3.2-9Notice of plan approval and design release; notice that plan corrections required 22-15-3.2-10Receipt of plan corrections; notice of plan approval and design release; notice that additional plans corrections required 22-15-3.2-11Plan violations; notice to design professional licensing or registration authority 22-15-3.2-11Plan violations; notice to design professional licensing or registration authority 22-15-3.2-12Information maintained by department 22-15-3.2-13Contracting of plan review responsibilities permissible

IC 22-15-3.2-1"Applicant" Sec. 1. As used in this chapter, "applicant" means a person who applies for a design release under IC 22-15-3.

As added by P.L.218-2014, SEC.14.

IC 22-15-3.2-2"Application" Sec. 2. As used in this chapter, "application" means an application for a design release and any supporting plans and specifications.

As added by P.L.218-2014, SEC.14.

IC 22-15-3.2-3"Design professional" Sec. 3. As used in this chapter, "design professional" means:

(1) an architect registered under IC 25-4-1; or

(2) a professional engineer registered under IC 25-31.

As added by P.L.218-2014, SEC.14.

IC 22-15-3.2-4RepealedAs added by P.L.218-2014, SEC.14. Repealed by P.L.187-2021, SEC.103.

IC 22-15-3.2-5Form of notice Sec. 5. Any notice required under this chapter may be provided:

(1) by mail; or

(2) by electronic mail, if the applicant provides an electronic mail address.

As added by P.L.218-2014, SEC.14.

IC 22-15-3.2-6Design release application requirements; combined design release and construction permit applications Sec. 6. (a) An applicant for a design release shall submit an application meeting the requirements of IC 22-15-3 to the department.

(b) This subsection applies only to an applicant for a design release for a project listed in 410 IAC 6-12-7 for which the applicant must obtain a construction permit from the Indiana department of health under IC 16-19-3.5. After December 31, 2016, an applicant may submit a combined application to the department that is an application for:

(1) a construction permit under IC 16-19-3.5; and

(2) a design release under this chapter.

Not later than the next business day after receiving the combined application, the department shall provide a copy of the application to the Indiana department of health.

As added by P.L.218-2014, SEC.14. Amended by P.L.49-2016, SEC.8; P.L.187-2021, SEC.104; P.L.56-2023, SEC.207.

IC 22-15-3.2-7Selection for plan review Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 7. (a) A design release shall be issued to an applicant without a plan review if:

(1) the applicant submits a complete application; and

(2) the department does not select the application for a plan review under this section.

(b) The department may select any application for design release to be subject to a plan review. The department has complete discretion in the criteria used by the department to select a design release application for a plan review. A criterion used by the department may be whether the design professional has received disciplinary sanctions under IC 25-1-11-12 within the preceding five (5) years.

(c) Not later than July 1, 2025, the department shall identify and publish a list of projects that qualify under subsection (a)(2) for release without a plan review.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.105; P.L.238-2025, SEC.70.

IC 22-15-3.2-7Issuance of design release; selection for plan review; list of qualifying plans Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 7. (a) A design release shall be issued to an applicant without a plan review if:

(1) the applicant submits a complete application and the department does not select the application for a plan review under this section; or

(2) the applicant self-certifies as provided in IC 22-15-3.5.

(b) The department may select any application for design release to be subject to a plan review. The department has complete discretion in the criteria used by the department to select a design release application for a plan review. A criterion used by the department may be whether the design professional has received disciplinary sanctions under IC 25-1-11-12 within the preceding five (5) years.

(c) Not later than July 1, 2027, the department shall identify and publish a complete list of the types of plans that qualify under subsection (a)(1) for release without a plan review.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.105; P.L.238-2025, SEC.70; P.L.152-2026, SEC.415.

IC 22-15-3.2-8Receipt of application; notice of design release issuance or plan review Sec. 8. Upon receiving a complete application for a design release, the department shall do one (1) of the following:

(1) Not later than ten (10) business days after the application is received, send written notice to the applicant that a design release will be issued. Not later than the next business day after the date the notice is sent, the department shall provide the applicant with:

(A) a copy of the design release; or

(B) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release.

(2) Not later than ten (10) business days after the application is received, send written notice that a plan review will be conducted. However, if the applicant does not receive the notice within the period specified in this subdivision, the department shall, not later than the eleventh day after the date a complete application is received, provide the applicant with:

(A) a copy of the design release; or

(B) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.106.

IC 22-15-3.2-9Notice of plan approval and design release; notice that plan corrections required Sec. 9. If the department sends an applicant notice of a plan review under section 8(2) of this chapter within the period required, the department shall do one (1) of the following:

(1) Not later than twenty (20) business days after the date that notice of the plan review is sent, send notice to the applicant that the plans and specifications have been approved for a design release as submitted. The department shall, not later than the next business day after the date that notice is sent to the applicant, provide to the applicant:

(A) a copy of the design release; or

(B) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release.

(2) Not later than twenty (20) business days after the date that notice of the plan review is sent, send notice to the applicant that a design release will not be issued until the applicant submits corrections to the plans. However, if the applicant does not receive notice within the period specified in this subdivision, the department shall, not later than the twenty-first business day after the date that notice of a plan review is sent under section 10 of this chapter, provide the applicant with:

(A) a copy of the design release; or

(B) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.107.

IC 22-15-3.2-10Receipt of plan corrections; notice of plan approval and design release; notice that additional plans corrections required Sec. 10. (a) If the department receives corrections to a plan in response to a notice sent under section 9(2) of this chapter, and any time the department receives corrections to a notice under subdivision (2) thereafter, the department shall do one (1) of the following:

(1) Not later than ten (10) business days after receiving the corrections, send notice to the applicant that the corrected plans have been approved for a design release as submitted. The department shall, not later than the next business day after the date that notice is sent to the applicant, provide to the applicant:

(A) a copy of the design release; or

(B) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release.

(2) Not later than ten (10) business days after receiving the corrections, send notice to the applicant that a design release will not be issued until the applicant submits additional corrections. However, if the applicant does not receive the notice within the period specified in this subdivision, the department shall, not later than the eleventh business day after the date that the corrections are received by the department, provide the applicant with:

(A) a copy of the design release; or

(B) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release.

(b) A review under this section is limited to the corrections required by the department pursuant to notice sent under section 9(2) of this chapter or subsection (a)(2). All other parts of a project not directly related to corrections required by the department, including previously completed corrections that the department has already accepted, are deemed approved for a design release and may not be included in subsequent notice requests sent under this section. Except for a project reviewed under IC 22-15-3-6 and subject to the deadlines set forth in this chapter, the department may delay issuing a design release until all corrections to a project have been accepted by the department.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.108.

IC 22-15-3.2-11Plan violations; notice to design professional licensing or registration authority Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 11. (a) This section applies if the results of a plan review reveal that a design professional knowingly or recklessly submitted plans or specifications containing one (1) or more violations of the rules of the commission that are determined by the department and the commission to pose a wanton and willful disregard for the public health, safety, or welfare.

(b) The provisions regarding the time limitations for review and notice under this chapter do not apply, and the department is not required to issue a design release and confirmation number for providing notice. The department shall send written notice of its determination to:

(1) the design professional's licensing or registration authority under IC 25-4-1 or IC 25-31, as appropriate, for the purpose of conducting a hearing under IC 4-21.5 to determine if action under IC 4-21.5-3-8 is appropriate;

(2) the design professional; and

(3) the project owner or general contractor on whose behalf the application was submitted.

(c) An applicant that receives notice under subsection (b) may withdraw the application and submit a new application and plans to the department that are prepared by a different design professional. Withdrawal of an application does not affect any disciplinary action against the professional of record that prepared the plans described in subsection (a).

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.109.

IC 22-15-3.2-11Plan violations; notice to design professional licensing or registration authority Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 11. (a) This section applies if the results of a plan review reveal that a design professional knowingly or recklessly submitted plans or specifications containing one (1) or more violations of the rules of the department that are determined by the department to pose a wanton and willful disregard for the public health, safety, or welfare.

(b) The provisions regarding the time limitations for review and notice under this chapter do not apply, and the department is not required to issue a design release and confirmation number for providing notice. The department shall send written notice of its determination to:

(1) the design professional's licensing or registration authority under IC 25-4-1 or IC 25-31, as appropriate, for the purpose of conducting a hearing under IC 4-21.5 to determine if action under IC 4-21.5-3-8 is appropriate;

(2) the design professional; and

(3) the project owner or general contractor on whose behalf the application was submitted.

(c) An applicant that receives notice under subsection (b) may withdraw the application and submit a new application and plans to the department that are prepared by a different design professional. Withdrawal of an application does not affect any disciplinary action against the professional of record that prepared the plans described in subsection (a).

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.109; P.L.152-2026, SEC.416.

IC 22-15-3.2-12Information maintained by department Sec. 12. (a) The department shall maintain the following information for every application:

(1) The type of project that is the subject of the application.

(2) The name and profession of the design professional.

(3) The location of the project.

(4) The date the application was submitted to the department.

(5) Whether the application was selected for plan review.

(6) If the application was selected for a review:

(A) whether the department requested corrections to the plans and specifications;

(B) the dates that corrections were requested by the department; and

(C) the dates that the applicant responded to the requests under clause (B).

(7) Whether a design release was issued by the department. The date a design release was issued (if any) or other final action was taken.

(8) Any other significant plan review activity related to an application.

(b) The department shall maintain the information described in subsection (a) in a single electronic file in a format that permits easy comparison of the information for each applicant. The department shall update the information at least quarterly.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.110.

IC 22-15-3.2-13Contracting of plan review responsibilities permissible Sec. 13. The department may contract with a person or an entity to perform the department's plan review responsibilities under this chapter.

As added by P.L.218-2014, SEC.14. Amended by P.L.187-2021, SEC.111.

IC 22-15-3.3Chapter 3.3. Local Plan Review by Units

22-15-3.3-1"Applicant" 22-15-3.3-2"Application" 22-15-3.3-3"Construction activity" 22-15-3.3-4"Unit" 22-15-3.3-5No effect on state plan review 22-15-3.3-6Form of notice 22-15-3.3-7Receipt of application; notice that local plan review requirement satisfied or corrections required 22-15-3.3-8No prohibition of construction activity without notice 22-15-3.3-9Scope of local plan review

IC 22-15-3.3-1"Applicant" Sec. 1. As used in this chapter, "applicant" means a person who submits an application for a local plan review.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-2"Application" Sec. 2. As used in this chapter, "application" means an application for a local plan review and any supporting plans and specifications.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-3"Construction activity" Sec. 3. As used in this chapter, "construction activity" refers to any physical improvements to real property undertaken for the purpose of constructing a Class 1 structure that is subject to a local plan review.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-4"Unit" Sec. 4. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-5No effect on state plan review Sec. 5. Nothing in this chapter may be interpreted as allowing a local plan review to supersede or otherwise impact any laws or rules concerning a plan review conducted by the state of Indiana.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-6Form of notice Sec. 6. Any notice required under this chapter may be provided:

(1) by mail; or

(2) by electronic mail, if the applicant provides an electronic mail address.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-7Receipt of application; notice that local plan review requirement satisfied or corrections required Sec. 7. (a) Upon receiving a complete application for a local plan review, the unit shall do one (1) of the following not later than twenty (20) business days after the application is received:

(1) Send written notice to the applicant that the unit does not require any corrections to the application and remove any related prohibition to construction activity that is conditioned on a local plan review.

(2) Send written notice to the applicant that corrections are required to the application.

(b) If the unit receives corrections to an application in response to a notice sent under subsection (a)(2), the unit shall do one (1) of the following not later than ten (10) business days after the corrections are received:

(1) Send written notice to the applicant that all requested corrections have been successfully addressed and remove any related prohibition to construction activity that is conditioned on a local plan review.

(2) Send written notice to the applicant that the unit has not accepted one (1) or more of the corrections included in the notice provided under subsection (a)(2) and that corrections are required to the application.

(c) If the unit receives corrections in response to a notice sent under subsection (b)(2), and any time the unit receives corrections in response to a notice under subdivision (2) thereafter, the unit shall do one (1) of the following not later than ten (10) business days after the corrections are received:

(1) Send written notice to the applicant that all requested corrections have been successfully addressed and remove any related prohibition to construction activity that is conditioned on a local plan review.

(2) Send written notice to the applicant that one (1) or more of the corrections included in the notice sent under subsection (b)(2) have not been accepted and that further corrections are required to the application.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-8No prohibition of construction activity without notice Sec. 8. A unit may not prohibit construction activity if the unit fails to provide any notice required under this chapter.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.3-9Scope of local plan review Sec. 9. A local plan review under section 7(c)(2) of this chapter is limited to the corrections required by the unit pursuant to notice sent under section 7(a)(2) of this chapter or any subsequent notices sent under section 7(b)(2) or 7(c)(2) of this chapter. All other parts of a project not directly related to corrections included in a notice sent under these sections, including previously completed corrections that the unit has already accepted, are deemed accepted and may not be included in subsequent notice requests sent under this section.

As added by P.L.218-2014, SEC.15.

IC 22-15-3.5Chapter 3.5. Self-certification by Design Professional

22-15-3.5-1Application of definitions 22-15-3.5-2Satisfaction of design release requirement through self-certification 22-15-3.5-3Eligible applicants for self-certification 22-15-3.5-4Design of electronic application 22-15-3.5-5Application requirements 22-15-3.5-6Duties of the department upon receipt of self-certified applications for design release 22-15-3.5-7Powers of the department 22-15-3.5-8Authority to collect fees 22-15-3.5-9Reservation of authority to conduct inspections or enforce compliance during construction 22-15-3.5-10Applications for a design release 22-15-3.5-11Voluntary participation; departmental discretionEffective 7-1-2027.

IC 22-15-3.5-1Application of definitionsEffective 7-1-2027.

Sec. 1. The definitions in IC 22-15-3.2 apply throughout this chapter.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-2Satisfaction of design release requirement through self-certificationEffective 7-1-2027.

Sec. 2. (a) Notwithstanding any other law, an applicant for a construction project requiring a design release for a Class 1 structure under IC 22-15-3 may satisfy the design release requirement through self-certification.

(b) Self-certification may be used only for projects that are required to be signed and sealed by an Indiana registered design professional. The department may exclude projects from self-certification that involve high-hazard occupancies, essential facilities, or other structures determined to pose an elevated risk to life safety.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-3Eligible applicants for self-certificationEffective 7-1-2027.

Sec. 3. To self-certify a project, an applicant for a design release must:

(1) be an Indiana registered design professional in good standing with the applicable registration board;

(2) be a registered design professional for at least five (5) years;

(3) have completed at least five (5) projects in Indiana as the registered design professional of record or as the registered design professional responsible for the production of the construction documents; and

(4) maintain professional liability insurance of at least five hundred thousand dollars ($500,000) per claim and one million dollars ($1,000,000) aggregate.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-4Design of electronic applicationEffective 7-1-2027.

Sec. 4. The department shall develop an electronic application form for self-certifying applicants.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-5Application requirementsEffective 7-1-2027.

Sec. 5. The certifying design professional shall:

(1) perform a comprehensive review of the construction documents; and

(2) submit to the department a signed certification, under penalty of perjury, affirming that the plans comply with all applicable state building codes and rules.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-6Duties of the department upon receipt of self-certified applications for design releaseEffective 7-1-2027.

Sec. 6. Upon receipt of a complete certification and required documentation, the department shall, not later than the next business day, provide to the applicant:

(1) a copy of the design release; or

(2) a confirmation number that serves as a temporary design release until the applicant receives a copy of the design release;

without conducting a technical plan review.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-7Powers of the departmentEffective 7-1-2027.

Sec. 7. The department may:

(1) audit self-certified projects;

(2) require corrective action for noncompliance;

(3) revoke or suspend a professional's authority to provide certifications; and

(4) refer violations to the appropriate licensing board or impose civil penalties as authorized by law.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-8Authority to collect feesEffective 7-1-2027.

Sec. 8. The department may collect plan review fees for projects that are released without a plan review.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-9Reservation of authority to conduct inspections or enforce compliance during constructionEffective 7-1-2027.

Sec. 9. Nothing in this chapter limits the authority of state or local inspection officials to conduct inspections or enforce compliance during construction.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-10Applications for a design releaseEffective 7-1-2027.

Sec. 10. An applicant who is qualified to self-certify may apply for a design release under:

(1) this chapter; or

(2) IC 22-15-3.

As added by P.L.152-2026, SEC.417.

IC 22-15-3.5-11Voluntary participation; departmental discretionEffective 7-1-2027.

Sec. 11. Participation in the self-certification program is voluntary. Nothing in this chapter prohibits the department from reviewing or not reviewing an application in accordance with IC 22-15-3.

As added by P.L.152-2026, SEC.417.

IC 22-15-4Chapter 4. Certification of Industrialized Building Systems and Mobile Structures

22-15-4-1Industrialized building systems; qualification for certification; seal; exemption 22-15-4-1Industrialized building systems; qualification for certification; seal; exemption 22-15-4-2Mobile structures; qualification for certification; seal; exemption 22-15-4-2Mobile structures; qualification for certification; seal; exemption 22-15-4-3Inspections and certifications; authorization 22-15-4-3Inspections and certifications; authorization 22-15-4-4Agreements for certification outside Indiana; requirements 22-15-4-5Sale or offering for sale of manufactured mobile structure that is kept or transported without required seal and affidavit; offense 22-15-4-5Sale or offering for sale of manufactured mobile structure that is kept or transported without required seal and affidavit; offense 22-15-4-6Sale or offering for sale of certified mobile structure altered or converted in violation of rule; offense 22-15-4-6Sale or offering for sale of certified mobile structure altered or converted in violation of rule; offense 22-15-4-7Manufactured home standards; violations of 42 U.S.C. 5409, or regulation or final order issued thereunder; maximum judgment; offenses