(A) The following provisions shall generally govern the form, application and enforcement of building standards within the town.
(1) (a) The following described rules and regulations formulated and promulgated by the Fire Prevention and Building Safety Commission of the state, and including any later editions or promulgated amendments thereto, are deemed to apply by statute and state administrative law, and shall be enforced, in the town (citations are to the Indiana Register or Indiana Administrative Code):
1. The Indiana Construction Rules and Regulations (including the Uniform Building Code), 1980, as adopted and promulgated under 3 IR 2148;
2. The Indiana Electrical Code, 1984 edition, as adopted and promulgated under 675 I.A.C. 17-1.8-1 et seq.;
3. The Indiana Mechanical Rules and Regulations, 1981, as adopted and promulgated under 4 IR 1828;
4. The Indiana Plumbing Rules and Regulations, 1981, as adopted and promulgated under 4 IR 2398;
5. The One- and Two-Family Dwelling Code, 1984 edition, which identifies and incorporates therein the Council of American Building Officials One- and Two-Family Dwelling Code, 1983 edition, as adopted and promulgated under 7 IR 1870;
6. The Indiana Energy Conservation Code, which identifies, amends and incorporates therein the Model Energy Code, 1983 edition, as finally promulgated under 675 I.A.C. 19 and 7 IR 2525;
7. The Indiana Swimming Pool Rules, 1982, as adopted and promulgated under 5 IR 1829;
8. The Indiana Standard for Permanent installation of Manufactured Home, 1982, as adopted and promulgated under 6 IR 1729; and
9. Any other building rules and regulations hereafter adopted, promulgated and put in effect by the Fire Prevention and Building Safety Commission under 675 I.A.C., and having statewide applicability pursuant to I.C. 22-11-1-32 or any other law.
(b) The Indiana Register (IR) and Indiana Administrative Code (I.A.C.) wherein the above described standards and regulations are set forth are public documents which may be obtained from the Legislative Services Agency of the state; the individual rules and regulations are contained in public documents which may be obtained from the Department of Fire Prevention and Building Safety of the state.
(2) The above described standards and regulations shall be deemed supplemented by any further rules and regulations, as now in effect or hereafter adopted, as follows:
(a) By any special regulations or standards as to design, materials, method of construction, use or location of buildings in the designated floodplain districts as required by rules of the Federal Insurance Administration (or any successor body) pursuant to the town’s participation under the National Flood Insurance Program; and
(b) By any special regulations or requirements as adopted by the appropriate municipal authorities or by an investor-owned utility company respecting the design and specifications of any utility service interface connections between the utility service distribution system and a served building or premises, and which are made a condition of the initial or continuing rendering of such utility service.
(3) The above described standards and regulations are further supplemented by the following additional and more stringent standards and regulations, as deemed necessary by the Town Council to set higher levels of design criteria such as will measurably enhance the protection of life, public safety and real and personal property.
(4) There is hereby adopted and made effective in the town the 1984 Fire Prevention Code of the National Fire Protection Association, and including any later editions thereof or amendments thereto. Two copies of said Fire Prevention Code and any later editions or amendments thereto shall be filed in the office of the Clerk-Treasurer and available for public inspection. Such Fire Prevention Code shall apply until such time as the Fire Prevention and Building Safety Commission adopts and promulgates a standard state-wide fire prevention code effective within the town pursuant to division (A)(1)(a)9. above.
(B) However, any special regulations and requirements made applicable under divisions (A)(2) or (A)(3) above shall apply only if, and to the extent that, they set forth more detailed specifications or provide further or more stringent regulations and requirements than the regulations described in division (A)(1) above and, in no instance, shall be construed to permit any lesser standard than the regulations under division (A)(1) above.
(Prior Code, § 6-3-1) (Ord. 85-11C, passed - -1985)
Editor’s note:
Ord. 85-11C was approved and endorsed by the Fire Prevention and Building Safety Commission of the state, as required by state law on 4-2-1985.