CHAPTER 150: GENERAL PROVISIONS
Section
   150.01   Procedures for temporary Building Inspector
   150.02   Fire district established
   150.03   Regulating the use of products for dust reduction on county gravel roads
 
   150.99   Penalty
§ 150.01 PROCEDURES FOR TEMPORARY BUILDING INSPECTOR
   (A)   A Building Commissioner, Building Code Official, or Building Inspector of a unit may not issue a permit, or oversee the issuance of a permit, through a subordinate if the Building Commissioner, Building Code Official, or inspector has a conflict of interest.
   (B)   Any Building Commissioner, Building Code Official, or Building Inspector who has a conflict of interest shall report the conflict of interest to the County Auditor.
   (C)   Once the County Auditor has been notified of the conflict of interest, the Auditor shall contact an alternate Building Inspector to complete the work. Said alternate Building Inspector shall be the person previously appointed by the County Board of Commissioners to serve as an alternate Building Inspector.
(Ord. 2019-07-01, passed 7-19-2019)
§ 150.02 FIRE DISTRICT ESTABLISHED.
   (A)   The Fire Protection District should be, and is hereby established, and named the “Carter Fire District.”
   (B)   The territory included in the Carter Fire District is hereby designated as all of Carter Township, within the county, excluding that part of Carter Township located within the municipal boundaries of the Town of Santa Claus.
   (C)   The Carter Fire District is established for the purposes provided at I.C. 36-8-11-4, including, but not limited to:
      (1)   Fire protection, including the capability of extinguishing all fires that might reasonably be expired for all personal property and real property within the boundaries of the District;
      (2)   Fire prevention, including identification of all potential and actual sources of fire hazards; and
      (3)   Other functions related thereto, including educational, civic, and charitable projects for the general welfare of the community, which are related to fire protection and fire prevention.
   (D)   The Carter Fire District is necessary for the proper maintenance and continuation of quality fire protection service, and for the improvement of such services hereafter.
   (E)   (1)   The Commissioners find that the creation of the District will be conducive to the public health, safety, and welfare by assuring the continuation and improvement of fire protection and prevention.
      (2)   Creation of the District shall allow for a number of advantages, including, but not limited to:
         (a)   Increased protection from the threat of loss of life and property;
         (b)   Better and more sophisticated fire prevention programs;
         (c)   Better educational and civic fire and safety projects; and
         (d)   Reduced economic burdens based on decreased insurance costs resulting from improved fire protection service.
   (F)   The benefits derived from the creation of the District outweigh any costs and/or damages created herefrom.
(Ord. 1998-9, passed 4-21-1998)
§ 150.03 REGULATING THE USE OF PRODUCTS FOR DUST REDUCTION ON COUNTY GRAVEL ROADS.
   (A)   No person or firm shall intentionally apply any substance for dust suppression, other than water, to any county road without complying with the requirements of this section.
   (B)   The County Highway Department shall prepare application forms for residents who wish to have dust suppressant measures applied to gravel roads on a county road along their property.
   (C)   The applicant shall provide the name, address, and contact information of the person or firm who is proposed to apply dust suppressing substances to the county road, and sign a hold harmless agreement indemnifying the county from liability for damages.
   (D)   The person or firm that is proposed to apply dust suppressing substances shall provide their name, address, and contact information, plus sign a hold harmless agreement to hold the county harmless and free from any expense or liability, and ensure that:
      (1)   Dust suppressant substances are legal and approved by IDEM for road application as contemplated herein;
      (2)   The application is in compliance with the procedures set forth herein; and
      (3)   Any damages which may result to vehicles on the road as a result of the dust suppression would be covered, without expense, to the county.
   (E)   The application of dust suppressant shall be done only of a substance approved by IDEM and the County Highway Department, and shall only be done on a surface approved by the County Highway Department.
   (F)   The applicant shall provide 14 days advance notice of when the road is to be sprayed with dust suppressant. Prior to the application, the County Highway Garage shall either grade the road in preparation of the dust suppressant or shall approve the road for application to minimize ponding of applied substances.
   (G)   The dust suppression substance shall be spread evenly across the road with a sprayer to prevent ponding on the road.
   (H)   Following the spray application, the landowner shall immediately apply cover to the entire treated road surface in a manner that is sufficient to ensure the dust control treatment adheres to the road and isn’t otherwise causing damage, or splashing onto passing vehicles. Cover shall be with substances approved by the IDEM and the county, including sand, lime, or small rock, which shall be evenly applied to the road.
(Ord. 2016-01, passed 2-1-2016) Penalty, see § 150.99
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