2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 15. BUILDING AND EQUIPMENT LAWS: ENFORCEMENT CHAPTER 3.2. DESIGN RELEASES
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IC 22-15-3.2
Chapter 3.2. Design Releases
IC 22-15-3.2-1
"Applicant"
Sec. 1. As used in this chapter, "applicant" means a person who
applies for a design release under IC 22-15-3.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-2
"Application"
Sec. 2. As used in this chapter, "application" means an application
for a design release and any supporting plans and specifications.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-3
"Design professional"
Sec. 3. As used in this chapter, "design professional" means:
(1) an architect registered under IC 25-4-1; or
(2) a professional engineer registered under IC 25-31.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-4
"Division"
Sec. 4. As used in this chapter, "division" means the division of
fire and building safety.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-5
Form of notice
Sec. 5. Any notice required under this chapter may be provided:
(1) by mail; or
(2) by electronic mail, if the applicant provides an electronic
mail address.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-6
Application requirements
Sec. 6. An applicant for a design release shall submit an
application meeting the requirements of IC 22-15-3 to the division.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-7
Selection for plan review
Sec. 7. (a) A design release shall be issued to an applicant without
a plan review if:
(1) the applicant submits a complete application; and
(2) the division does not select the application for a plan review
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under this section.
(b) The division may select any application for design release to
be subject to a plan review. The division has complete discretion in
the criteria used by the division to select a design release application
for a plan review. A criterion used by the division may be whether
the design professional has received disciplinary sanctions under
IC 25-1-11-12 within the preceding five (5) years.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-8
Receipt of application; notice of design release issuance or plan
review
Sec. 8. Upon receiving a complete application for a design release,
the division shall do one (1) of the following:
(1) Not later than ten (10) business days after the application is
received, send written notice to the applicant that a design
release will be issued. Not later than the next business day after
the date the notice is sent, the division shall provide the
applicant with:
(A) a copy of the design release; or
(B) a confirmation number that serves as a temporary design
release until the applicant receives a copy of the design
release.
(2) Not later than ten (10) business days after the application is
received, send written notice that a plan review will be
conducted. However, if the applicant does not receive the notice
within the period specified in this subdivision, the division shall,
not later than the eleventh day after the date a complete
application is received, provide the applicant with:
(A) a copy of the design release; or
(B) a confirmation number that serves as a temporary design
release until the applicant receives a copy of the design
release.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-9
Notice of plan approval and design release; notice that plan
corrections required
Sec. 9. If the division sends an applicant notice of a plan review
under section 8(2) of this chapter within the period required, the
division shall do one (1) of the following:
(1) Not later than twenty (20) business days after the date that
notice of the plan review is sent, send notice to the applicant
that the plans and specifications have been approved for a
design release as submitted. The division shall, not later than the
next business day after the date that notice is sent to the
applicant, provide to the applicant:
(A) a copy of the design release; or
(B) a confirmation number that serves as a temporary design
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release until the applicant receives a copy of the design
release.
(2) Not later than twenty (20) business days after the date that
notice of the plan review is sent, send notice to the applicant
that a design release will not be issued until the applicant
submits corrections to the plans. However, if the applicant does
not receive notice within the period specified in this subdivision,
the division shall, not later than the twenty-first business day
after the date that notice of a plan review is sent under section
10 of this chapter, provide the applicant with:
(A) a copy of the design release; or
(B) a confirmation number that serves as a temporary design
release until the applicant receives a copy of the design
release.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-10
Receipt of plan corrections; notice of plan approval and design
release; notice that additional plans corrections required
Sec. 10. (a) If the division receives corrections to a plan in
response to a notice sent under section 9(2) of this chapter, and any
time the division receives corrections to a notice under subdivision
(2) thereafter, the division shall do one (1) of the following:
(1) Not later than ten (10) business days after receiving the
corrections, send notice to the applicant that the corrected plans
have been approved for a design release as submitted. The
division shall, not later than the next business day after the date
that notice is sent to the applicant, provide to the applicant:
(A) a copy of the design release; or
(B) a confirmation number that serves as a temporary design
release until the applicant receives a copy of the design
release.
(2) Not later than ten (10) business days after receiving the
corrections, send notice to the applicant that a design release
will not be issued until the applicant submits additional
corrections. However, if the applicant does not receive the
notice within the period specified in this subdivision, the
division shall, not later than the eleventh business day after the
date that the corrections are received by the division, provide
the applicant with:
(A) a copy of the design release; or
(B) a confirmation number that serves as a temporary design
release until the applicant receives a copy of the design
release.
(b) A review under this section is limited to the corrections
required by the division pursuant to notice sent under section 9(2) of
this chapter or subsection (a)(2). All other parts of a project not
directly related to corrections required by the division, including
previously completed corrections that the division has already
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accepted, are deemed approved for a design release and may not be
included in subsequent notice requests sent under this section. Except
for a project reviewed under IC 22-15-3-6 and subject to the
deadlines set forth in this chapter, the division may delay issuing a
design release until all corrections to a project have been accepted by
the division.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-11
Plan violations; notice to design professional licensing or
registration authority
Sec. 11. (a) This section applies if the results of a plan review
reveal that a design professional knowingly or recklessly submitted
plans or specifications containing one (1) or more violations of the
rules of the commission that are determined by the division and the
commission to pose a wanton and willful disregard for the public
health, safety, or welfare.
(b) The provisions regarding the time limitations for review and
notice under this chapter do not apply, and the division is not
required to issue a design release and confirmation number for
providing notice. The division shall send written notice of its
determination to:
(1) the design professional's licensing or registration authority
under IC 25-4-1 or IC 25-31, as appropriate, for the purpose of
conducting a hearing under IC 4-21.5 to determine if action
under IC 4-21.5-3-8 is appropriate;
(2) the design professional; and
(3) the project owner or general contractor on whose behalf the
application was submitted.
(c) An applicant that receives notice under subsection (b) may
withdraw the application and submit a new application and plans to
the division that are prepared by a different design professional.
Withdrawal of an application does not affect any disciplinary action
against the professional of record that prepared the plans described
in subsection (a).
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-12
Information maintained by division
Sec. 12. (a) The division shall maintain the following information
for every application:
(1) The type of project that is the subject of the application.
(2) The name and profession of the design professional.
(3) The location of the project.
(4) The date the application was submitted to the division.
(5) Whether the application was selected for plan review.
(6) If the application was selected for a review:
(A) whether the division requested corrections to the plans
and specifications;
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(B) the dates that corrections were requested by the division;
and
(C) the dates that the applicant responded to the requests
under clause (B).
(7) Whether a design release was issued by the division. The
date a design release was issued (if any) or other final action
was taken.
(8) Any other significant plan review activity related to an
application.
(b) The division shall maintain the information described in
subsection (a) in a single electronic file in a format that permits easy
comparison of the information for each applicant. The division shall
update the information at least quarterly.
As added by P.L.218-2014, SEC.14.
IC 22-15-3.2-13
Contracting of plan review responsibilities permissible
Sec. 13. The division may contract with a person or an entity to
perform the division's plan review responsibilities under this chapter.
As added by P.L.218-2014, SEC.14.
Indiana Code 2015
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