(A) All construction shall be accomplished in compliance with the provisions of this Building Code.
(B) Pursuant to I.C. 22-13-2-6, this Building Code shall not apply to industrialized building systems or mobile structures certified under I.C. 22-15-4; however, the provisions of the Building Code 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.
(C) Pursuant to I.C. 22-13-2-9, this Building Code is not applicable to regulated amusement devices, regulated boilers, regulated pressure vessels, or regulated lifting devices.
(D) The Building Commissioner is hereby authorized and directed to administer and enforce the following:
(1) All of the provisions of this Building Code.
(2) Variances granted in accordance with I.C. 22-13-2-11.
(3) Orders issued under I.C. 22-12-7.
(E) Unless otherwise clearly indicated by its context, the words and terms defined in this section shall have the meanings as set forth below:
(1) "Building Commissioner" includes individuals employed by the Building Commissioner on behalf of the Town of New Palestine, Indiana that are authorized to represent the Building Commissioner.
(2) "Class 1 structure", pursuant to I.C. 22-12-1-4 has the following definition:
(a) "Class 1 structure" means any part of the following:
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.
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 subdivision (1).
(c) Outdoor stage equipment. This division expires January 1, 2014.
(d) Any class of buildings or structures that the Indiana Fire Prevention and Building Safety Commission determines by rules to affect a building or structure described in subdivision (1), except buildings or structures described in subsections (c) through (f).
(e) Subsection (a)(1) includes a structure that contains 3 or more condominium units (as defined in I.C. 32-25-2-9) or other units that:
1. Are intended to be or are used or leased by the owner of the unit; and
2. Are not completely separated from each other by an unimproved space.
(f) Subsection (a)(1) does not include a building or structure that:
1. Is intended to be or is used only for an agricultural purpose on the land where it is located; and
2. Is not used for retail trade or is a stand used for retail sales of farm produce for 8 or less consecutive months in a calendar year.
(g) Subsection (a)(1) does not include a Class 2 structure.
(h) Subsection (a)(1) does not include a vehicular bridge.
(i) Subsection (a)(1) does not include a structure that is intended to be or is occupied solely to provide periodic maintenance or repair of:
1. The structure; or
2. mechanical or electrical equipment located within and affixed to the structure.
(j) Pursuant to I.C. 22-12-1-24, structure includes swimming pool.
(3) "Class 2 structure" pursuant to I.C. 22-12-1-5, has the following definitions:
(a) "Class 2 structure" means any part of the following:
1. A building or structure that is intended to contain or contains only 1 dwelling unit or 2 dwelling units unless any part of the building or structure is regularly used as a Class 1 structure.
2. An outbuilding for a structure described in subdivision (1) such as a garage, barn, or family swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.
(b) Subsection (1) does not include a vehicular bridge.
(c) Pursuant to I.C. 22-12-1-24, structure includes swimming pool.
(4) "Construction" pursuant to I.C. 22-12-1-7, means any of the following:
(a) Fabrication of any part of an industrialized building system or mobile structure for use at another site.
(b) Erection or assembly of any part of a Class 1 or Class 2 structure at the site where it will be used.
(c) 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.
(d) Work undertaken to alter, remodel, rehabilitate, or add to any part of a Class 1 or Class 2 structure.
(e) Work undertaken to relocate any part of a Class 1 or Class 2 structure, except a mobile structure.
(5) "Industrialized building system" pursuant to I.C. 22-12-1-14, means 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 a 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.
(6) "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 and all acts amendatory or supplemental thereto. This definition is as follows: "Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or forty body feet or more in length, or, when erected on site, is 320 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 connection to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph 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 this 42 U.S.C. 5401 et. seq. and except that such term shall not include any self-propelled recreational vehicle.
(7) "Mobile structure" pursuant to I.C. 22-12-1-17, has the following definition:
(a) "Mobile structure" means any part of a fabricated unit that is designated to be:
1. Towed on its own chassis; and
2. Connected to utilities for year round occupancy or use a Class 1 structure, a Class 2 structure, or another structure.
(b) The term includes the following:
1. Two or more components that can be retracted for towing purposes and subsequently expanded for additional capacity.
2. Two or more units that are separately towable but designed to be joined into 1 integral unit.
(8) "Person" pursuant to I.C. 22-12-1-18, means an individual, corporation, limited liability company, partnership, unincorporated association or governmental entity.
(9) "Structure" means both Class 1 and Class 2 structures, unless specifically stated otherwise.
(10) "Vehicular bridge" pursuant to I.C. 22-12-1-26, means any bridge that is neither:
(a) A pedestrian walkway; nor
(b) A passageway for light vehicles;
suspended between 2 or more parts of a building or between 2 or more buildings.
(Ord. 020406, passed 2-4-2006)