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Unless otherwise clearly indicated by its context, the words and terms defined in this section shall have the specified meanings.
BUILDING COMMISSIONER. Includes individuals employed by the Building Department that are authorized to represent the Building Commissioner.
CLASS 1 STRUCTURE. Pursuant to I.C. 22-12-1-4, has the following definition:
(1) CLASS 1 STRUCTURE. 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.
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 (a).
(c) Any class of buildings or structures that the commission determines by rules to affect a building or structure described in division (a), except buildings or structures described in divisions (3) through (5).
(2) Division (1)(a) includes a structure that contains three or more condominium units (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) 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) does not include a Class 2 structure.
(5) Division (1)(a) does not include a vehicular bridge.
(6) Pursuant to I.C. 22-12-1-24, structure includes swimming pool.
CLASS 2 STRUCTURE. Pursuant to I.C. 22-12-1-5, has the following definition:
(1) CLASS 2 STRUCTURE. Any part of the following:
(a) 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 (a), 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) 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 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 or Class 2 structure, except a mobile structure.
GENERAL CONTRACTOR. Any person, firm or corporation engaged in the business of or holding
themselves out to the public as engaged in the business of constructing, installing, repairing, remodeling, or servicing any structural part or non-structural part of any one and two family or multi-family residential, commercial, or industrial building.
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 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, 1984. This definition is as follows: MANUFACTURED HOME means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or when erected on site, is three hundred twenty 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 this 42 U.S.C. 5402.
MOBILE STRUCTURE. Pursuant to I.C. 22-12-1-17, has the following definition:
(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.
(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, means 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, 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 building or between two or more buildings.
(BC Ord. 2003-14, passed 7-15-03)
(A) All construction shall be accomplished in compliance with the provisions of this chapter.
(B) Pursuant to I.C. 22-13-2-6, this chapter shall not apply to industrialized building systems or mobile structures certified under I.C. 22-15-4; however, the provisions of this chapter 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 chapter is not applicable to regulated amusement devices, regulated boilers, regulated pressure vessels, or regulated lifting devices.
(BC Ord. 2003-14, passed 7-15-03)
BUILDING PERMITS
Construction is prohibited unless in conformity with a valid building permit obtained from the Building Commission prior to commencement of construction. A permit shall be required before beginning any new construction of any building or structure or before beginning any structural improvement to any building or structure not hereinafter exempted, the cost of which construction or improvements exceeds $2,500; or is more than 120 square feet; or before beginning construction of any improvement to any building or structure involving modification, changing or new installation of any electrical, plumbing or mechanical improvement, the cost of which exceeds $750, including installation of any furnace, hot water heater, new meter base, meter base relocation, panel upgrade; load control device or before electrical meter is installed following a fire; an in-ground swimming pool, an above ground swimming pool deeper than three and one-half feet, hot tubs, spas, demolition of any structure over 120 square, feet tanks, communication towers and co-locates on existing towers, and signs. (See § 150.17 for more specific definitions). However, a person desiring to make an improvement which would be exempt from permit requirements under this chapter, either by cost or square footage, may voluntarily apply for a permit, pay the required fee, and secure the inspection(s) provided for under this chapter. All permits shall be issued by the Building Commissioner and all fees provided for herein shall be paid to the County Building Commission Fund. Check or cash payments may be made at the Building Commissioner’s office, or may be made online pursuant to a vendor of the Building Commissioner’s choosing. Online credit card payments may include additional processing fees or other fees as charged by the vendor which shall be paid by the permit applicant.
(BC Ord. 2003-14, passed 7-15-03; Am. BC Ord. 2010-19, passed 12-20-10; Am. BC Ord. 2016-01, passed 1-25-16) Penalty, see § 150.99
(A) Any person required to have a building permit shall submit a complete application to the Building Commissioner.
(B) This application shall be submitted on a form prepared by the Building Commissioner and shall contain the following:
(1) Information that the Building Commissioner determines to be necessary to locate and contact the applicant.
(2) A clear and understandable copy of detailed plans and specifications drawn to scale which indicate in a precise manner the nature and location of all work to be accomplished.
(3) A plot plan drawn to scale. This plot plan shall reflect the location of the structure in relation to existing property lines and show streets, curbs and sidewalks and proposed changes or additions to such streets, curbs and sidewalks.
(4) If required by Indiana law or any rule of the Fire Prevention and Building Safety Commission, a copy of a Design Release for the work to be done that has been issued by the State Building Commissioner and the State Fire Marshal pursuant to I.C. 22-15-3.
(5) Any additional information that the Building Commissioner finds to be necessary to determine that the construction will conform to all applicable building laws and will not violate any other applicable ordinances or laws.
(BC Ord. 2003-14, passed 7-15-03) Penalty, see § 150.99
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