2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 15. BUILDING AND EQUIPMENT LAWS: ENFORCEMENT CHAPTER 4. CERTIFICATION OF INDUSTRIALIZED BUILDING SYSTEMS AND MOBILE STRUCTURES
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IC 22-15-4
Chapter 4. Certification of Industrialized Building Systems
and Mobile Structures
IC 22-15-4-1
Industrialized building systems; qualification for certification; seal;
exemption
Sec. 1. (a) The division shall certify an industrialized building
system for use in Indiana to an applicant who qualifies under this
section. If an applicant qualifies for certification under this section,
the division shall provide the applicant with a seal for the certified
industrial building system.
(b) To qualify for a certification under this section, an applicant
must:
(1) submit proof that the division has issued a design release
under IC 22-15-3 for the model or series of industrialized
building systems being constructed;
(2) demonstrate, in an in-plant inspection, that the industrialized
building system covered by the application has been constructed
in conformity with all applicable building laws and fire safety
laws; and
(3) pay the fee set by the commission under IC 22-12-6-6.
(c) The exemption under IC 22-13-4-2 applies to an industrialized
building system certified under this section.
As added by P.L.245-1987, SEC.4. Amended by P.L.22-2005,
SEC.48; P.L.1-2006, SEC.389.
IC 22-15-4-2
Mobile structures; qualification for certification; seal; exemption
Sec. 2. (a) The division shall certify a mobile structure for sale and
use in Indiana for an applicant who qualifies under this section. If an
applicant qualifies for certification under this section, the division
shall provide the applicant with a seal for the certified mobile
structure.
(b) To qualify for certification under this section, an applicant
must:
(1) submit proof that the division has issued a design release
under IC 22-15-3 for the model or series of mobile structures
being constructed;
(2) demonstrate, in an in-plant inspection, that the mobile
structure covered by the application has been constructed in
conformity with all applicable building laws and fire safety
laws;
(3) certify in an affidavit that a seal provided by the division
will not be attached to a mobile structure that does not conform
to the requirements adopted by the commission in its rules; and
(4) pay the fee set by the commission under IC 22-12-6-6.
(c) The exemption under IC 22-13-4-2 applies to a mobile
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structure certified under this chapter.
As added by P.L.245-1987, SEC.4. Amended by P.L.22-2005,
SEC.49; P.L.1-2006, SEC.390.
IC 22-15-4-3
Inspections and certifications; authorization
Sec. 3. The commission may authorize any qualified person to
conduct inspections and issue certifications under this chapter.
As added by P.L.245-1987, SEC.4.
IC 22-15-4-4
Agreements for certification outside Indiana; requirements
Sec. 4. (a) The department may enter into an agreement under
IC 22-13-2-12 to authorize the sale and use of industrialized building
systems and mobile structures that are not certified under section 1 or
2 of this chapter but are certified under the requirements of any of the
following:
(1) The United States Department of Housing and Urban
Development.
(2) Another state.
(3) A foreign country.
(b) The department may enter into an agreement under
IC 22-13-2-12 to inspect and certify industrial building systems and
mobile structures under the requirements of any of the following:
(1) The United States Department of Housing and Urban
Development.
(2) Another state.
(3) A foreign country.
As added by P.L.245-1987, SEC.4. Amended by P.L.101-2006,
SEC.36.
IC 22-15-4-5
Sale or offering for sale of manufactured mobile structure that is
kept or transported without required seal and affidavit; offense
Sec. 5. A person who offers to sell or sells for money or other
consideration a mobile structure that:
(1) is manufactured after:
(A) January 1, 1972, if the mobile structure is designed to be
a dwelling; or
(B) June 30, 1987, if the mobile structure is not designed to
be a dwelling; and
(2) is kept or transported without:
(A) a seal issued under IC 9-8-1.5 (before its repeal on July
1, 1987) or section 2 or 4 of this chapter; and
(B) an affidavit from the manufacturer (if the mobile
structure was manufactured in Indiana or the mobile
structure was manufactured outside Indiana and has not been
used by its owner) or a dealer who has sold at least three (3)
mobile structures in the previous twelve (12) month period
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(if the mobile structure was manufactured outside Indiana
and the mobile structure has been used by its owner) that
states that the mobile structure meets or exceeds the
applicable requirements adopted by the commission in its
rules or an agreement under IC 22-13-2-12;
commits a Class C infraction.
As added by P.L.245-1987, SEC.4. Amended by P.L.3-1990, SEC.79.
IC 22-15-4-6
Sale or offering for sale of certified mobile structure altered or
converted in violation of rule; offense
Sec. 6. A person who offers to sell or sells a mobile structure that:
(1) was certified under IC 9-8-1.5 (before its repeal on July 1,
1987) or certified by the division under section 2 or 4 of this
chapter; and
(2) has been altered or converted in violation of a rule adopted
by the commission;
commits a Class C infraction.
As added by P.L.245-1987, SEC.4. Amended by P.L.3-1990, SEC.80;
P.L.1-2006, SEC.391.
IC 22-15-4-7
Manufactured home standards; violations of 42 U.S.C. 5409, or
regulation or final order issued thereunder; maximum judgment;
offenses
Sec. 7. (a) For purposes of this section, a reference to 42 U.S.C.
5409 refers to that section as it existed on January 1, 2003.
(b) As used in this section, "purchaser" means the first person
purchasing a manufactured home in good faith for purposes other
than resale.
(c) A person who violates 42 U.S.C. 5409, or any regulation or
final order issued under 42 U.S.C. 5409, is liable to the department
for a civil penalty not to exceed one thousand dollars ($1,000) for
each violation. Each violation of 42 U.S.C. 5409, or any regulation
or final order issued under 42 U.S.C. 5409, constitutes a separate
violation with respect to:
(1) each manufactured home; or
(2) each failure or refusal to allow or perform an act required by
42 U.S.C. 5409 or a regulation or order issued under 42 U.S.C.
5409.
However, the maximum judgment imposed under this subsection may
not exceed one million dollars ($1,000,000) for any related series of
violations occurring within one (1) year after the date of the first
violation.
(d) The department may recover the civil penalty described in
subsection (c) in a civil action commenced in any court with
jurisdiction.
(e) Notwithstanding IC 35-50-3-2, an individual or a director, an
officer, or an agent of a corporation who knowingly violates 42
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U.S.C. 5409 in a manner that threatens the health or safety of any
purchaser commits a Class A misdemeanor and shall be fined not
more than one thousand dollars ($1,000) dollars or imprisoned not
more than one (1) year, or both.
As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989,
SEC.17; P.L.141-2003, SEC.12.
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