Section
General Provisions
151.01 Unincorporated County Unsafe Building Law
Building Code
151.15 General requirements
151.16 Building permits
151.17 Investigations and inspections of construction activities
151.18 Minimum construction standards
151.19 Use of engineered roof trusses and floor joists
151.20 Enforcement
Building Code Administration
151.35 Joint City-County Building Commissioner
On-Site Sewage Systems
151.45 Title
151.46 Purpose
151.47 Authority
151.48 Adoption of regulations by reference
151.49 Supplemental definitions
151.50 Installer certification
151.51 System requirements
151.52 Connection to an existing on-site sewage system
151.53 Permits
151.54 Inspections
151.55 Permit denial, modification, and revocation
151.56 Petition for review
151.57 Enforcement
151.58 Remedies
151.99 Penalty
GENERAL PROVISIONS
(A) Under the provisions of I.C. 36-7-9, there is hereby established the Cass County Unsafe Building Law.
(B) I.C. 36-7-9 is hereby adopted by reference as the Cass County Unsafe Building Law. All proceedings within the Cass County for the inspection, repair, and removal of unsafe buildings or the inspection and remediation of unsafe premises as addressed in I.C. 36-7-9-4 shall be governed by said law and the provisions of this section. In the event the provisions of this section conflict with the provisions of the state statute, the statute will control.
(C) All buildings or portions thereof within Cass County which are determined after inspection by the Zoning Administrator, Building Commissioner and/or Health Officer to be unsafe as defined in this section are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal. All tracts of real estate within Cass County which are determined after inspection by the Zoning Administrator, Building Commissioner and/or Health Officer to be unsafe as defined by this section are hereby declared to be public nuisances and shall be abated by repair or remediation.
(D) The Zoning Administrator, Building Commissioner and Health Officer shall be authorized to administer and to proceed under the provisions of said law in ordering the repair or removal of any building found to be unsafe or tracts of real estate considered as unsafe premises as specified therein or as specified hereafter.
(E) The Cass County Plan Commission is hereby designated as the hearing authority for the implementation of this section. The Cass County Plan Commission may defer health related issues of this section to the Cass County Health Board.
(F) The Cass County Commissioners hereby adopts I.C. Chapter 36-7-9, which establishes the Indiana Unsafe Building Law. Adoption explicitly incorporates by reference the definition of “substantial property interest” found in I.C. 36-7-9-2. The description of an unsafe building and unsafe premises contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in Cass County, Indiana by adding the following definition:
UNSAFE BUILDING AND UNSAFE PREMISES. Any building or structures or unsafe premises, except structures that are currently or previously used for agricultural uses, which has any or all of the conditions or defects described in I.C. 36-7-9 shall be deemed to be an unsafe building or unsafe premises, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered.
(Ord. 2015-05, passed 4-20-2015; Ord. 2017-10, passed 8-7-2017)
BUILDING CODE
(A) Reference. This subchapter and all material included herein by reference shall be known as the “Building Code of Cass County, Indiana.”
(B) Purpose. The purpose of this subchapter is to protect the life, public safety, health, and general welfare of the citizens of the county and shall be construed in such a manner as to effectuate this purpose.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING COMMISSIONER. Includes individuals employed by the Building Department that are authorized to represent the Building Commissioner.
CLASS I STRUCTURE. Has the meaning ascribed thereto in I.C. 22-12-1-4
.
CLASS II STRUCTURE. Has the meaning ascribed thereto in I.C. 22-12-1-5
.
CONSTRUCTION. Has the meaning ascribed thereto in I.C. 22-12-1-7
.
INDUSTRIALIZED BUILDING SYSTEM. Has the meaning ascribed thereto in I.C. 22-12-1-14
.
MANUFACTURED HOME. Has the meaning ascribed thereto in I.C. 22-12-1-16
.
MOBILE STRUCTURE. Has the meaning ascribed thereto in I.C. 22-12-1-17
.
PERSON. Has the meaning ascribed thereto in I.C. 22-12-1-18
.
STRUCTURE. Means both Class I and Class II structures, unless specifically stated otherwise.
VEHICULAR BRIDGE. Has the meaning ascribed thereto in I.C. 22-12-1-26
.
(D) Scope.
(1) All construction shall be accomplished in compliance with the provisions of this subchapter. Pursuant to I.C. 22-13-2-6
, this subchapter shall not apply to industrialized building systems or mobile structures certified under I.C. 22-15-4; however, the provisions of this subchapter and the rules promulgated by the Fire Prevention and Building Safety Commission do apply to any construction related to an industrialized building system or mobile structure not certified under I.C. 22-15-4.
(2) Pursuant to I.C. 22-13-2-9
, this subchapter is not applicable to regulated amusement devices, regulated boilers, regulated pressure vessels, or regulated lifting devices.
(E) Authority. The Building Commissioner is hereby authorized and directed to administer and enforce the following:
(1) All of the provisions of this subchapter;
(2) Variances granted in accordance with I.C. 22-13-2-11
; and
(3) Orders issued under I.C. 22-12-7
.
(Prior Code, § 151.05) (Ord. 2013-08, passed 7-15-2013)
(A) Building permit required. Construction is prohibited unless in conformity with a valid building permit obtained from the Building Commissioner prior to commencement of construction.
(B) Application for building permit.
(1) Any person required to have a building permit shall submit a complete application to the Building Commissioner.
(2) This application shall be submitted on a form provided by the Building Commissioner, and shall contain the following:
(a) Information that the Building Commissioner determines to be necessary to locate and contact the applicant;
(b) A clear and understandable copy of detailed plans and specifications drawn to scale, which indicate, in a precise manner, the nature and location of all construction to be accomplished;
(c) A plot plan drawn to scale; provided, however, such plot plan shall not be required in the instance where all such construction is to occur entirely within an existing structure. This plot plan shall reflect the location of the structure in relation to existing property lines and shall show streets, curbs, and sidewalks, and proposed changes or additions to such streets, curbs, and sidewalks;
(d) If required by state law or any rule of the Fire Prevention and Building Safety Commission, a copy of a construction design release for the construction to be done that has been issued by the Building Law Compliance Officer pursuant to I.C. 22-15-3
;
(e) Any additional information that the Building Commissioner finds to be necessary to determine that the construction will conform to all applicable building and fire safety laws and will not violate any other applicable ordinances or laws; and
(f) The fee established in § 150.03.
(3) Application for a building permit shall be made by the person entitled to obtain the permit, or by an employee or agent of that person. The Building Commissioner may require that such an employee or agent provide written authority to apply for a permit.
(C) Issuance of building permit. The Building Commissioner shall issue a building permit to a person after the person has submitted a complete application, including any applicable fee; provided that the proposed construction will conform to all applicable building and fire safety laws and will not violate any other applicable ordinances or laws.
(D) Certificate of occupancy. No certificate of occupancy for any structure shall be issued unless such structure was constructed in compliance with the provisions of this subchapter. It shall be unlawful to occupy any structure unless a full, partial, or temporary certificate of occupancy has been issued by the Building Commissioner.
(Prior Code, § 151.06) (Ord. 2013-08, passed 7-15-2013) Penalty, see § 151.99
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