For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING COMMISSIONER. Includes all individuals employed by the town who are authorized by the Town Council to represent the BUILDING COMMISSIONER.
CLASS 1 STRUCTURE. Pursuant to I.C. 22-12-1-4, any part of the following:
(1) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following:
(a) The public.
(b) Three or more tenants.
(c) One or more persons who act as the employees of another.
(2) A site improvement affecting access by persons with physical disabilities to a building or structure described in division (1) above.
(3) Outdoor event equipment.
(4) Any class of buildings or structures that the Commission determines by rules to affect a building or structure described in division (1) above, except buildings or structures described in divisions (6) through (9) below.
(5) Division (1) 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 or the unit; and
(b) Are not completely separated from each other by an unimproved space.
(6) Division (1) 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.
(7) Division (1) above does not include a Class 2 structure.
(8) Division (1) does not include a vehicular bridge.
(9) Division (1) 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.
(10) Pursuant to I.C. 22-12-1-24, STRUCTURE includes swimming pool.
CLASS 2 STRUCTURE. Pursuant to I.C. 22-12-1-5, any part of the following:
(1) 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.
(2) An outbuilding for a structure described in division (1) above, such as a garage, barn or family swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.
(3) Division (1) above does not include a vehicular bridge.
(4) For purposes of division (1) of this definition, 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-resistence 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.
(5) Pursuant to I.C. 22-12-1-24, STRUCTURE includes swimming pool.
CONSTRUCTION. Pursuant to I.C. 22-12-1-7, any 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.
(5) Work undertaken to relocate any part of a Class 1 for 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: “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 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.
MOBILE STRUCTURE. Pursuant to I.C. 22-12-1-17, any part of a fabricated unit that is designed to be:
(1) Towed on its own chassis; and
(2) Connected to utilities for year-round occupancy or use as a Class 1 structure, a Class 2 structure or another structure. The term MOBILE STRUCTURE includes the following:
(a) Two or more components that can be retracted for towing purposes and subsequently expanded for additional capacity.
(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 a pedestrian walkway nor a passageway for light vehicles suspended between two or more parts of a building or between two or more buildings.
(Ord. 2005-04, passed 8-23-05)