§ 151.15 GENERAL REQUIREMENTS.

   (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)

§ 151.16 BUILDING PERMITS.

   (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

§ 151.17 INVESTIGATIONS AND INSPECTIONS OF CONSTRUCTION ACTIVITIES.

   (A)   General authority to make inspections and investigations.

      (1)   All construction shall be subject to periodic inspections by the Building Commissioner irrespective of whether a building permit has been, or is required to be, obtained.

      (2)   (a)   The Building Commissioner may, at any reasonable time, go in, upon, around, or about the premises where any structure subject to the provisions of this subchapter or to the rules of the Fire Prevention and Building Safety Commission is located for the purposes of inspection and investigation of such structure.

         (b)   Such inspection and investigation may be made before and/or after construction on the project is completed for the purposes of determining whether the structure meets building standards and procedures, and ascertaining whether the construction and procedures have been accomplished in a manner consistent with this subchapter and the rules of the Fire Prevention and Building Safety Commission.

   (B)   Inspections by Fire Department. The Building Commissioner and the Fire Department shall work cooperatively to conduct inspections and investigations to promote compliance with fire safety laws. (The Fire Department has independent authority to conduct inspections and take enforcement actions under I.C. 36-8-17 .)

(Prior Code, § 151.07) (Ord. 2013-08, passed 7-15-2013)

§ 151.18 MINIMUM CONSTRUCTION STANDARDS.

   (A)   Pursuant to I.C. 22-13-2-3(b) , the rules of the State Fire Prevention and Building Safety Commission as set out in the following articles of I.A.C. Title 675 are hereby incorporated by reference in this code and shall include any later amendments to those rules:

      (1)   Article 13: Building Codes;

      (2)   Article 14: Indiana Residential Code;

      (3)   Article 16: Indiana Plumbing Code;

      (4)   Article 17: Indiana Electrical Code;

      (5)   Article 18: Indiana Mechanical Code;

      (6)   Article 19: Indiana Energy Conservation Code;

      (7)   Article 20: Indiana Swimming Pool Code;

      (8)   Article 22: Indiana Fire Code;

      (9)   Article 25: Indiana Fuel Gas Code; and

      (10)   Article 28: NFPA Standards.

   (B)   Two copies of the above rules incorporated by reference are on file in the office of the County Clerk for the legislative body for public inspection as required by I.C. 36-1-5-4 .

   (C)   The Building Commissioner and the Fire Prevention and Building Safety Commission may grant a variance to the fire safety laws and building laws adopted in this subchapter. Pursuant to I.C. 22-13-2-7(b) , a variance granted by the Building Commissioner is not effective until it has been approved by the Fire Prevention and Building Safety Commission.

(Prior Code, § 151.08) (Ord. 2013-08, passed 7-15-2013)

§ 151.19 USE OF ENGINEERED ROOF TRUSSES AND FLOOR JOISTS.

   (A)   This section applies only to new construction of a Class I structure and a Class II structure.

   (B)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ENGINEERED LUMBER ROOF TRUSSES and/or FLOOR JOISTS. 

         (a)   A structural assembly that is fabricated from wood, light gauge metal, other component materials, or any combination of materials described as follows:

            1.   Has less mass cross sectional area than sawn lumber members that would be used in an equivalent application;

            2.   Is assembled from combustible or noncombustible materials, or both; and

            3.   Is not a vertical member and supports a roof or floor, or both.

         (b)   The term does not include a structural assembly that provides a minimum of one hour fire resistance when tested in accordance with ASTM Standard El19.

      OWNER. A person having control or custody of any structure to which this section applies.

   (C)   (1)   A structure that contains engineered lumber roof trusses and/or floor joists must have a placard affixed to the structure that meets the requirements of this section.

      (2)   The placard shall use yellow coding and lettering that identifies both of the following:

         (a)   The types of engineered lumber roof trusses and floor joists used in the structure, including truss or engineered lumber; and

         (b)   The location of engineered lumber roof trusses and/or floor joists used in the structure including floor joists or truss roof systems.

      (3)   The placard may not be:

         (a)   Smaller than three and one-half inches by four and one-half inches; and

         (b)   Larger than five inches by five and one-half inches.

   (D)   The placard must be permanently affixed:

      (1)   Below the structure’s electrical meter, if the structure has electrical service; or

      (2)   On the left side of the front entrance four to six feet above the ground, if the structure does not have electrical service.

   (E)   (1)   An applicant for a building permit must indicate on the application:

         (a)   The types of engineered lumber roof trusses and/or floor joists used in the structure; and

         (b)   The location of the engineered lumber roof trusses and/or floor joists used in the structure.

      (2)   The application form for a building permit must include a place on the form for providing the information under § 151.53.

   (F)   (1)   An applicant for a building permit shall not be issued a building permit unless the individual at the time of the application is issued a placard by the Building Commissioner.

      (2)   A fee, not to exceed $5, shall be charged for each placard issued.

   (G)   The Building Commissioner shall not approve a structure on final inspection or issue a certificate of occupancy for a structure unless a placard is affixed to the structure that meets the requirements of this section.

   (H)   (1)   Not later than ten business days after issuing a building permit, the Building Commissioner shall send written notification to the local fire department and the 911 telephone call center that has jurisdiction in the area where the structure is located. The notification shall be sent by certified mail, return receipt requested.

      (2)   The notification must include the following information:

         (a)   The street address of the property;

         (b)   The name of the township and county in which the structure is located;

         (c)   The types of engineered lumber roof trusses and/or floor joists used in the structure; and

         (d)   The location of the engineered lumber roof trusses and/or floor joists by area within the structure.

   (I)   Upon receiving a copy of the notification under division (H) above, the Chief of the Fire Department or the Chief’s designee shall:

      (1)   Post the information in a conspicuous place for all emergency personnel;

      (2)   Provide the information to any fire department providing mutual aid; and

      (3)   For Class I structures only, add the structure to the inspection file for follow up on a timely basis for inspection.

   (J)   (1)   Upon receiving a notification under division (H) above, the 911 telephone call center shall maintain the information on each property, by the address of the property, that uses engineered lumber roof trusses and/or floor joists.

      (2)   When dispatching to the listed address, the dispatcher shall notify the responding units of the information.

   (K)   An owner of a structure shall ensure that the placard remains affixed to the structure during the life of the structure.

(Prior Code, § 151.19) (Ord. 2013-08, passed 7-15-2013) Penalty, see § 151.99

§ 151.20 ENFORCEMENT.

   (A)   Withhold issuance of permits.

      (1)   Whenever a person which is either an applicant for a building permit or an obtainer of a building permit owes fees (including checks returned for insufficient funds, permit fees, and inspection fees owed pursuant to § 150.03) to the Building Commissioner, the Building Commissioner may withhold the issuance of subsequently requested permits until such time that the debt is satisfied.

      (2)   Whenever a person applies for a building permit for a structure that is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance relating to land use, the Building Commissioner is authorized to withhold the issuance of requested permit(s) until such time that the property is brought into conformance with applicable ordinances.

   (B)   Permit revocation. The Building Commissioner may revoke a building permit when any of the following are applicable:

      (1)   The application, plans, or supporting documents contain a false statement or misrepresentation as to a material fact;

      (2)   The application, plans, or supporting documents reflect a lack of compliance with building standards and procedures;

      (3)   There is failure to comply with the this subchapter; and/or

      (4)   The structure for which the building permit has been issued is not being used or constructed in conformance with an applicable zoning ordinance, or other ordinance relating to land use.

   (C)   Stop-work order.

      (1)   The Building Commissioner may issue an order requiring suspension of the pertinent construction (stop-work order) in accordance with this section.

      (2)   The stop-work order shall:

         (a)   Be in writing;

         (b)   State, with specificity, the construction to which it is applicable and the reason for its issuance;

         (c)   Be posted on the property in a conspicuous place;

         (d)   If practicable, be given to:

            1.   The person doing the construction; and

            2.   To the owner of the property, or the owner’s agent.

         (e)   The stop-work order shall state the conditions under which construction may be resumed.

      (3)   The Building Commissioner may issue a stop-work order if:

         (a)   Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this subchapter or any state law pertaining to safety during construction;

         (b)   Construction is occurring in violation of this subchapter, or in such a manner that if construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation; and/or

         (c)   Construction for which a building permit is required is proceeding without a building permit being in force.

      (4)   The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this subchapter.

   (D)   Civil action. Pursuant to I.C. 36-1-6-4 , the county may initiate a civil action in a court of competent jurisdiction to restrain any person from violating a provision of this subchapter.

   (E)   Right of appeal. Any person aggrieved by an order issued under this subchapter shall have the right to petition for review of any order of the Building Commissioner. Such a person may file a petition using either, or both, of the following procedures:

      (1)   A person aggrieved by an order issued under this subchapter may appeal to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7 .

         (a)   The Commission may modify or reverse any order issued by the county that covers a subject governed by I.C. 22-12 , I.C. 22-13, I.C. 22-14, I.C. 22-15, or a fire safety or a building rule.

         (b)   The Fire Prevention and Building Safety Commission must review orders that concern a Class II Structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.

         (c)   The Fire Prevention and Building Safety Commission may review all other orders issued under this subchapter.

         (d)   The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.

      (2)   (a)   Pursuant to I.C. 36-7-8-9 , a person aggrieved by a decision of the Building Department may appeal as in other civil actions.

         (b)   The appellant must, by registered mail, give the county executive a 15-day written notice of his or her intention to appeal.

         (c)   This notice must concisely state the appellant’s grievance.

         (d)   If, pursuant to I.C. 36-1-6-9 , the county has established by ordinance to hear appeals of orders issued under ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with said ordinance.

         (e)   If no such administrative body exists, then the person may petition a court for judicial review of the order.

(Prior Code, § 151.10) (Ord. 2013-08, passed 7-15-2013)

BUILDING CODE ADMINISTRATION

§ 151.35 JOINT CITY-COUNTY BUILDING COMMISSIONER.

   The duties and other obligations of the Building Commissioner with regard to the issuance of permits and inspections are set forth by the county.

(Prior Code, § 151.15)

ON-SITE SEWAGE SYSTEMS