§ 2-1-1-9. PERMITS.
   (A)   Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the Building Commissioner and obtain the required permit.
   (B)   Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
      (1)   Building.
         (a)   One-story detached accessory structures, provided that the floor area does not exceed 200 square feet.
         (b)   Fences not over six feet high.
         (c)   Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
         (d)   Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
         (e)   On grade patios, sidewalks and driveways on private property.
         (f)   Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
         (g)   Prefabricated swimming pools that are less than 18 inches deep or less than 15 feet in diameter.
         (h)   Swings and other playground equipment.
         (i)   Window awnings supported by an exterior wall that do not project more than 54 inches
from the exterior wall and do not require additional support.
         (j)   Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Indiana Code.
         (k)   Re-roofing when
            1.   Only composition shingles are being replaced or a second layer of composition shingles is being added.
            2.   25% or less of the decking is being replaced.
            3.   There is no change in roof configuration or total or partial reconstruction of the roof including rafters, decking shingles and the like after a natural disaster.
            4.   There is no change in type of roof covering (e.g., tile roofing replacing asphalt shingles) that would increase the dead load on the structure.
            5.   There is no installation of heat-applied roofing material.
         (l)   Replacement of siding.
         (m)   Replacement of windows or doors when the existing window or door opening is not being increased in size.
      (2)   Electrical.
         (a)   Listed cord-and-plug connected temporary decorative lighting.
         (b)   Reinstallation of attachment plug receptacles but not the outlets therefor.
         (c)   Replacement of branch circuit overcurrent devices of the required capacity in the same location.
         (d)   Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
         (e)   Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
      (3)   Gas.
         (a)   Portable heating, cooking or clothes drying appliances.
         (b)   Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
         (c)   Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
      (4)   Mechanical.
         (a)   Portable heating appliances.
         (b)   Portable ventilation appliances.
         (c)   Portable cooling units.
         (d)   Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
         (e)   Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
         (f)   Portable evaporative coolers.
         (g)   Self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less.
         (h)   Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
      (5)   Plumbing.
         (a)   Repairs to stop leaks in pipes, valves or fixtures including replacement of any fixtures, concealed trap, drainpipe, or vent pipe.
         (b)   Emergency clearing of stoppages, and the removal and reinstallation of water closets, provided such repairs do not involve or require the relocation of such valves, pipes or fixtures.
      (6)   HVAC equipment repairs and replacements that do not involve upgrade of the equipment.
      (7)   Permits shall not be required for ordinary repairs to structure, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration or, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
      (8)   Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.
   (C)   Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Services for that purpose. Such application shall:
      (1)   Identify and describe the work to be covered by the permit for which application is made.
      (2)   Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
      (3)   Indicate the use and occupancy for which the proposed work is intended.
      (4)   Be accompanied by construction documents and other information as required in § 2-1-1-10(A).
      (5)   State the valuation of the proposed work.
      (6)   Be signed by the applicant or the applicant's authorized agent.
      (7)   Give such other data and information as required by the Building Commissioner.
   (D)   Action on application. The Building Commissioner shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Commissioner shall reject such application in writing stating the reasons therefor. If the Building Commissioner is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Commissioner shall issue a permit therefor as soon as practicable.
   (E)   Time limitation of application. An application for permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the Building Commissioner is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
   (F)   Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, and an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or any other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Commissioner from requiring the correction of errors in the construction documents and other data. The Building Commissioner is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
   (G)   Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The Building Commissioner is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
   (H)   Suspension or revocation. The Building Commissioner is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
   (I)   Placement of permit. The building permit or a copy shall be kept on the site of the work until the completion of the project.
   (J)   Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
   (K)   Preliminary inspection. Before issuing a permit, the Building Commissioner is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
(Ord. 15, 2020, passed 12-7-2020)