For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING COMMISSIONER. Includes individuals employed by the City of Ligonier and are authorized to represent the office of the City Building Code, and Zoning Administrator.
CLASS 1 STRUCTURE. Pursuant to I.C. 12-12-1-4 has the following definition:
(1) CLASS 1 STRUCTURE means any part of the following:
(a) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following:
1. The public;
2. Three or more tenants; and/or
3. One or more persons who act as the employees of another.
(b) A site improvement affecting access by persons with physical disabilities to a building or structure described in division (1)(a) above.
(c) Any class of buildings or structures that the commission determines by rules to affect a building or structure described in division (1)(a) above, except buildings or structures described in divisions (3) through (6) below.
(2) Division (1)(a) above includes a structure that contains three or more condominium units (as defined in I.C. 32-25-2-9) or other units that:
(a) Are intended to be or are used or leased by the owner of the unit; and
(b) Are not completely separated from each other by an unimproved space.
(3) Division (1)(a) above does not include a building or structure that:
(a) Is intended to be or is used only for an agricultural purpose on the land where it is located; and
(b) Is not used for retail trade or is a stand used for retail sales of farm produce for eight or less consecutive months in a calendar year.
(4) Division (1)(a) above does not include a Class 2 structure.
(5) Division (1)(a) above does not include a vehicular bridge.
(6) Division (1)(a) above does not include a structure that is intended to be or is occupied solely to provide periodic maintenance or repair of:
(a) The structure; or
(b) Mechanical or electrical equipment located within and affixed to the structure.
(7) Pursuant to I.C. 22-12-1-24,
STRUCTURE includes swimming pool.
CLASS 2 STRUCTURE.
(1) Pursuant to I.C. 22-12-1-5, any part of the following:
(a) A townhouse or a building or structure that is intended to contain or contains only one dwelling unit or two dwelling units unless any part of the building or structure is regularly used as a Class 1 structure.
(b) An outbuilding for a structure described in division (1)(a) above, such as a garage, barn or family swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.
(2) Division (1) above does not include a vehicular bridge.
(3) For purposes of division (1)(a), TOWNHOUSE means a single-family dwelling unit constructed in a group of three or more attached units in which each unit:
(a) Extends from foundation to roof;
(b) Is not more than three stories in height;
(c) Is separated from each adjoining unit by:
1. Two one-hour fire-resistance rated walls with exposure from both sides; or
2. A common two-hour fire-resistance rated wall; and
(d) Has open space on at least two sides.
(4) Pursuant to I.C. 22-12-1-24, STRUCTURE includes swimming pool.
CONSTRUCTION. Pursuant to I.C. 22-12-1-7:
(1) Fabrication of any part of an industrialized building system or mobile structure for use at another site;
(2) Erection or assembly of any part of a Class 1 or Class 2 structure at the site where it will be used;
(3) Installation of any part of the permanent heating, ventilating, air conditioning, electrical, plumbing, sanitary, emergency detection, emergency communication or fire or explosion suppression systems for a Class 1 or Class 2 structure at the site where it will be used;
(4) Work undertaken to alter, remodel, rehabilitate or add to any part of a Class 1 or Class 2 structure; and
(5) Work undertaken to relocate any part of a Class 1 or Class 2 structure, except a mobile structure.
INDUSTRIALIZED BUILDING SYSTEM. Pursuant to I.C. 22-12-1-14, any part of a building or other structure that is in whole or in substantial part fabricated in an off-site manufacturing facility for installation or assembly at the building site as part of a Class 1 structure, a Class 2 structure or another building or structure. However, the term does not include a mobile structure or a system that is capable of inspection at the building site.
MANUFACTURED HOME. Pursuant to I.C. 22-12-1-16 has the meaning set forth in 42 U.S.C. § 5402 as it existed on January 1, 2003. This definition is as follows: MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 32 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this definition, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq. and except that the term shall not include any self-propelled recreational vehicle.
MOBILE STRUCTURE. Pursuant to I.C. 22-12-1-17:
(1) MOBILE STRUCTURE. Any part of a fabricated unit that is designed to be:
(a) Towed on its own chassis; and
(b) Connected to utilities for year-round occupancy or use as a Class 1 structure, a Class 2 structure or another structure.
(2) The term includes the following:
(a) Two or more components that can be retracted for towing purposes and subsequently expanded for additional capacity; and
(b) Two or more units that are separately towable but designed to be joined into one integral unit.
PERSON. Pursuant to I.C. 22-12-1-18, an individual, corporation, limited liability company, partnership, unincorporated association or governmental entity.
STRUCTURE. Both Class 1 and Class 2 structures, unless specifically stated otherwise.
VEHICULAR BRIDGE. Pursuant to I.C. 22-12-1-26, any bridge that is neither:
(1) A pedestrian walkway; nor
(2) A passageway for light vehicles; suspended between two or more parts of a building or between two or more buildings.
(Ord. 700, passed 1-10-2005)
Editor’s notes:
I.C. 12-12-1-4 was repealed by P.L.64-2002, Sec. 8.
I.C. 32-1 was repealed by P.L.2-2002, Sec. 128.