2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 7. PLANNING AND DEVELOPMENT CHAPTER 8. COUNTY BUILDING DEPARTMENT AND BUILDING STANDARDS
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IC 36-7-8
Chapter 8. County Building Department and Building
Standards
IC 36-7-8-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-2
Establishment of buildings department
Sec. 2. The legislative body of a county may, by ordinance,
establish a county department of buildings, with an office of building
commissioner and inspectors.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-3
Establishment of building, heating, ventilating, electrical,
plumbing, and sanitation standards; ordinances
Sec. 3. (a) The legislative body of a county having a county
department of buildings or joint city-county building department
may, by ordinance, adopt building, heating, ventilating, air
conditioning, electrical, plumbing, and sanitation standards for
unincorporated areas of the county. These standards take effect only
on the legislative body's receipt of written approval from the fire
prevention and building safety commission.
(b) An ordinance adopted under this section must be based on
occupancy, and it applies to:
(1) the construction, alteration, equipment, use, occupancy,
location, and maintenance of buildings, structures, and
appurtenances that are on land or over water and are:
(A) erected after the ordinance takes effect; and
(B) if expressly provided by the ordinance, existing when the
ordinance takes effect;
(2) conversions of buildings and structures, or parts of them,
from one occupancy classification to another; and
(3) the movement or demolition of buildings, structures, and
equipment for the operation of buildings and structures.
(c) The rules of the fire prevention and building safety
commission are the minimum standards upon which ordinances
adopted under this section must be based.
(d) An ordinance adopted under this section does not apply to
private homes that are built by individuals and used for their own
occupancy.
As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984,
SEC.125.
IC 36-7-8-4
Establishment of minimum housing standards; ordinances
Sec. 4. (a) The legislative body of a county having a county
department of buildings or a joint city-county building department
may, by ordinance, adopt minimum housing standards for
unincorporated areas of the county. These standards must be
consistent with the rules of the fire prevention and building safety
commission.
(b) An ordinance adopted under this section applies to:
(1) residential buildings;
(2) residential parts of mixed occupancy buildings; and
(3) conversions of buildings from nonresidential to residential
or partly residential.
(c) A municipality may elect, by ordinance, to make itself subject
to an ordinance adopted under this section.
(d) This section does not affect IC 16-41-26.
As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984,
SEC.126; P.L.1-1996, SEC.86.
IC 36-7-8-5
Repealed
(Repealed by P.L.245-1987, SEC.22.)
IC 36-7-8-6
Employment of inspectors, agents, and deputies; appropriations
Sec. 6. The county executive may employ the inspectors, agents,
and deputies it considers necessary to enforce ordinances adopted
under this chapter and under applicable statutes and state rules. The
county fiscal body shall make appropriations from the county general
fund to pay these employees and to pay all other expenses incurred
under this chapter.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-7
Municipalities and counties; designation of enforcement agencies
Sec. 7. One (1) or more municipalities and a county may
designate, by ordinance or resolution of their legislative bodies, a
single agency of a municipality or the county to administer and
enforce:
(1) the ordinances adopted under section 3 of this chapter; and
(2) the standards imposed by section 5 of this chapter;
throughout the county on behalf of the municipalities and the county.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-8
Enforcement by city located within county
Sec. 8. A county that has adopted an ordinance under section 4 of
this chapter may contract with any city located in the county to have
the city administer and enforce that ordinance. The contract must be
for a stated and limited period, and may be renewed. All actions,
notices, or other writings under such a contract must be performed as
the county building commissioner would perform them, and may not
be performed in the name of the city.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-9
Appeals
Sec. 9. A person aggrieved by a decision of the county department
of buildings or other regulating agency under this chapter may appeal
as in other civil actions. The appellant must, by registered mail, give
the county executive a fifteen (15) day written notice of his intention
to appeal. The notice must concisely state the appellant's grievance.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-10
Violations and penalties; fees
Sec. 10. An ordinance adopted under section 3 or 4 of this chapter
may provide a reasonable penalty for violations. An ordinance
adopted under section 3 of this chapter may also include a reasonable
fee for permits, registration, renewal, examination, and
reexamination.
As added by Acts 1981, P.L.309, SEC.27.
IC 36-7-8-11
Repealed
(Repealed by P.L.74-1987, SEC.28.)
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