Indiana § 36-7-8-3 - Establishment of building, heating, ventilating, electrical, plumbing, and sanitation standards; ordinances

§ 36-7-8-3. Establishment of building, heating, ventilating, electrical, plumbing, and sanitation standards; ordinances

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 3. (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for unincorporated areas of the county. These standards take effect only on the legislative body's receipt of written approval from the fire prevention and building safety commission.

(b) An ordinance adopted under this section must be based on occupancy, and it applies to:

(1) the construction, alteration, equipment, use, occupancy, location, and maintenance of buildings, structures, and appurtenances that are on land or over water and are:

(A) erected after the ordinance takes effect; and

(B) if expressly provided by the ordinance, existing when the ordinance takes effect;

(2) conversions of buildings and structures, or parts of them, from one occupancy classification to another; and

(3) the movement or demolition of buildings, structures, and equipment for the operation of buildings and structures.

(c) The rules of the fire prevention and building safety commission are the minimum standards upon which ordinances adopted under this section must be based.

(d) An ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy. However, onsite sewage systems of a private home described in this subsection must comply with state laws and rules.

[Pre-Local Government Recodification Citation: 17-2-72-1 part.]

As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.125; P.L.208-2015, SEC.19.

IC 36-7-8-3Establishment of building, heating, ventilating, electrical, plumbing, and sanitation standards; ordinances Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 3. (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for unincorporated areas of the county. These standards take effect only on the legislative body's receipt of written approval from the department of homeland security.

(b) An ordinance adopted under this section must be based on occupancy, and it applies to:

(1) the construction, alteration, equipment, use, occupancy, location, and maintenance of buildings, structures, and appurtenances that are on land or over water and are:

(A) erected after the ordinance takes effect; and

(B) if expressly provided by the ordinance, existing when the ordinance takes effect;

(2) conversions of buildings and structures, or parts of them, from one occupancy classification to another; and

(3) the movement or demolition of buildings, structures, and equipment for the operation of buildings and structures.

(c) The rules of the department of homeland security are the minimum standards upon which ordinances adopted under this section must be based.

(d) An ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy. However, onsite sewage systems of a private home described in this subsection must comply with state laws and rules.

[Pre-Local Government Recodification Citation: 17-2-72-1 part.]

As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.125; P.L.208-2015, SEC.19; P.L.152-2026, SEC.499.