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 Building Department that are authorized to represent the BUILDING COMMISSIONER.
CLASS 1 STRUCTURE.
(1) Pursuant to I.C. 22-12-1-4, 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: The public; three or more tenants; or 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) of this definition; and
(c) Any class of buildings or structures that the commission determines by rules to affect a building or structure described in division (1)(a) of this definition, except buildings or structures described in divisions (3) through (5) of this definition.
(2) Division (1)(a) of this definition 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) of this definition 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) of this definition does not include a Class 2 structure.
(5) Division (1)(a) of this definition does not include a vehicular bridge.
(6) Division (1)(a) of this definition 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, CLASS 2 STRUCTURE means any part of the following:
(a) A building or structure that is intended to contain only one dwelling unit or two dwelling units unless any part of the building or structure is regularly used as a Class 1 structure; and
(b) An outbuilding for a structure described in division (1)(a) of this definition, 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) of this definition does not include a vehicular bridge.
(3) Pursuant to I.C. 22-12-1-24, structure includes swimming pool.
CONSTRUCTION. Pursuant to I.C. 22-12-1-7, means any part of the following:
(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 if inspection at the building site.
MANUFACTURED HOME. Pursuant to I.C. 22-12-1-16, has the following meaning set forth in 42 U.S.C. § 5402, as it existed on January 1, 2003: 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 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 connected 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 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 such term shall not include any self-propelled recreational vehicle.
MOBILE STRUCTURE.
(1) Pursuant to I.C. 22-12-1-17, has the following definition: Any part of a fabricated unit that is designated 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/or
(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 structure, unless specifically stated otherwise.
VEHICULAR BRIDGE. Pursuant to I.C. 22-12-1-26, means any bridge that is neither:
(1) A pedestrian walkway; nor
(2) A passageway for light vehicles; suspended between two or more parts of a buildings.
(Ord. 2005-1, passed 2-7-2005)