2011 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 15. BUILDING AND EQUIPMENT LAWS: ENFORCEMENT
CHAPTER 3. DESIGN RELEASES

IC 22-15-3
Chapter 3. Design Releases

IC 22-15-3-1
Issuance; plan review by county or municipality; expiration
Sec. 1. (a) The building law compliance officer employed under IC 10-19-7-4 shall issue a design release for:
(1) the construction of a Class 1 structure to an applicant who qualifies under section 2 or 3 of this chapter; and
(2) the fabrication of an industrial building system or mobile structure under section 4 of this chapter.
(b) The building law compliance officer may issue a design release based on a plan review performed by a city, town, or county if:
(1) the building law compliance officer has certified that the city, town, or county is competent; and
(2) the city, town, or county has adopted the rules of the commission under IC 22-13-2-3.
(c) For the purposes of subsection (e)(1), competency must be established by a test approved by the commission and administered by the division of education and information.
(d) A design release issued under this chapter expires on the date specified in the rules adopted by the commission.
As added by P.L.245-1987, SEC.4. Amended by P.L.22-2005, SEC.44.

IC 22-15-3-2
Qualification of applicants
Sec. 2. To qualify for a design release under this section, an applicant must:
(1) demonstrate, through the submission of plans and specifications for the construction covered by the application, that the construction will comply with all applicable building laws and fire safety laws;
(2) pay the fees set under IC 22-12-6-6;
(3) have the plans and specifications:
(A) prepared by a registered architect or professional engineer who is:
(i) competent to design the construction covered by the application as determined by the division; and
(ii) registered under IC 25-4 or IC 25-31;
(B) include on each page of all drawings and the title page of all specifications the seal of the registered architect or professional engineer described by clause (A) or the person's technical or professional staff; and
(C) filed by the registered architect or professional engineer described by clause (A) or the person's technical or professional staff; and
(4) submit a certificate prepared on a form provided by the division and sworn or affirmed under penalty of perjury by the

registered architect or professional engineer described in subdivision (3)(A):
(A) providing an estimate of the cost of the construction covered by the application, its square footage, and any other information required under the rules of the commission;
(B) stating that the plans and specifications submitted for the application were prepared either by or under the immediate supervision of the person making the statement;
(C) stating that the plans and specifications submitted for the application provide for construction that will meet all building laws; and
(D) stating that the construction covered by the application will be subject to inspection at intervals appropriate to the stage of the construction by a registered architect or professional engineer identified in the statement for the purpose of determining in general if work is proceeding in accordance with the released plans and specifications.
As added by P.L.245-1987, SEC.4. Amended by P.L.22-2005, SEC.45; P.L.1-2006, SEC.386.

IC 22-15-3-3
Class 1 structures; construction; additions or alterations; qualification
Sec. 3. (a) This section applies only to an application for a design release to construct:
(1) A Class 1 structure with thirty thousand (30,000) or fewer cubic feet of space;
(2) An addition to a Class 1 structure, if the addition adds thirty thousand (30,000) or fewer cubic feet of space;
(3) An alteration to a Class 1 structure, if the alteration does not involve changes affecting the structural safety of the Class 1 structure; or
(4) An installation or alteration of an automatic fire sprinkler system in a Class 1 structure by persons qualified pursuant to rules set forth by the fire prevention and building safety commission.
(b) To qualify for a design release under this section, an applicant must do the following:
(1) Demonstrate, through the submission of plans and specifications for the construction covered by the application, that the construction will comply with all applicable building laws and fire safety laws.
(2) Pay the fees set under IC 22-12-6-6.
As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989, SEC.15; P.L.20-1991, SEC.5; P.L.22-2005, SEC.46.

IC 22-15-3-4
Fabrication of a model or other series of similar industrialized building systems or mobile structures; qualification
Sec. 4. (a) This section applies to a design release for the

fabrication of a model or other series of similar industrialized building systems or mobile structures.
(b) To qualify for a design release under this section, an applicant must:
(1) demonstrate, through the submission of plans and specifications for the construction covered by the application, that the construction will comply with all applicable building laws and fire safety laws;
(2) have the submitted plans and specifications prepared by an architect registered under IC 25-4 or a professional engineer registered under IC 25-31, if required under the rules adopted by the commission; and
(3) pay the fees set under IC 22-12-6-6.
As added by P.L.245-1987, SEC.4. Amended by P.L.22-2005, SEC.47.

IC 22-15-3-5
Rules; scope; evaluation report as evidence of compliance
Sec. 5. (a) This section does not authorize a variance from any rule adopted by the commission.
(b) The rules adopted by the commission do not prevent the use of:
(1) materials;
(2) methods of construction; or
(3) design procedures;
if they are not specifically prohibited in the rules and if they are approved under subsection (c).
(c) The state fire marshal and the division may, in the review of an application for a design release, consider as evidence of compliance with the rules adopted by the commission any evaluation report that:
(1) contains limitations, conditions, or standards for alternative materials, methods of construction, or design procedures; and
(2) is published by an independent, nationally recognized testing laboratory or other organization that is approved under the rules adopted by the commission.
As added by P.L.245-1987, SEC.4. Amended by P.L.1-2006, SEC.387.

IC 22-15-3-6
Partial or provisional design releases
Sec. 6. Pending the completion of the review of an application, the division may issue:
(1) a design release for part of the construction proposed in an application, if that part of the construction qualifies for release under this chapter; or
(2) a provisional release for any part of the construction proposed in an application, under the conditions specified by the division.
As added by P.L.245-1987, SEC.4. Amended by P.L.1-2006,

SEC.388.

IC 22-15-3-7
Class C infractions; application of section
Sec. 7. (a) This section does not apply to construction that is exempted from this section in the rules adopted by the commission under IC 22-13-4.
(b) This section applies to the following:
(1) Each person who engages in the construction.
(2) Each person who has control over the construction.
(3) Each person who has control over the Class 1 structure industrialized building system or mobile home that is constructed.
(c) A person described in subsection (b) commits a Class C infraction if:
(1) a Class 1 structure is constructed, or construction is begun, at the site where it is to be used; and
(2) no design release issued under section 2 or 3 of this chapter covers the construction.
(d) A person described in subsection (b) commits a Class C infraction if:
(1) an industrialized building system or a mobile structure is fabricated; and
(2) no design release issued under section 4 of this chapter covers the fabrication.
As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989, SEC.16.