2016 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 13. FIRE SAFETY, BUILDING, AND EQUIPMENT LAWS: RULES
CHAPTER 5. POWER OF BUILDING LAW COMPLIANCE OFFICER TO INTERPRET BUILDING LAWS
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IC 22-13-5
Chapter 5. Power of Building Law Compliance Officer to
Interpret Building Laws
IC 22-13-5-1
"Interested person"
Sec. 1. As used in this chapter, "interested person" refers to a
person that has a dispute with a county or a municipality regarding
the interpretation of a building law or a fire safety law.
As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.37.
IC 22-13-5-2 Version a
Written interpretation of building law issued
Note: This version of section effective until 1-1-2017. See also
following version of this section, effective 1-1-2017.
Sec. 2. (a) Upon the written request of an interested person, the
state building commissioner of the division of fire and building
safety shall issue a written interpretation of a building law or a fire
safety law not later than ten (10) business days after the date of
receiving a request. An interpretation issued by the state building
commissioner must be consistent with building laws and fire safety
laws enacted by the general assembly or adopted by the commission.
(b) The state building commissioner shall issue a written
interpretation of a building law or fire safety law under subsection
(a) whether or not the county or municipality has taken any action to
enforce the building law or fire safety law.
As added by P.L.71-1999, SEC.1. Amended by P.L.64-2003, SEC.1;
P.L.22-2005, SEC.38; P.L.218-2014, SEC.8.
IC 22-13-5-2 Version b
Written interpretation of building law issued
Note: This version of section effective 1-1-2017. See also
preceding version of this section, effective until 1-1-2017.
Sec. 2. (a) Except as provided under subsection (c), upon the
written request of an interested person, the state building
commissioner of the division of fire and building safety shall issue
a written interpretation of a building law or a fire safety law not later
than ten (10) business days after the date of receiving a request. An
interpretation issued by the state building commissioner must be
consistent with building laws and fire safety laws enacted by the
general assembly or adopted by the commission.
(b) The state building commissioner shall issue a written
interpretation of a building law or fire safety law under subsection
(a) whether or not the county or municipality has taken any action to
enforce the building law or fire safety law.
(c) If:
(1) an interested person submits a written request to the
building commissioner for a written interpretation of a building
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law or fire safety law applicable to a Class 2 structure; and
(2) the building commissioner is absent and unable to issue a
written interpretation within the time specified under subsection
(a);
the chair of the commission, or, if the chair is absent, the vice chair
of the commission, shall issue the written interpretation not later than
ten (10) business days after the date of receiving the request.
As added by P.L.71-1999, SEC.1. Amended by P.L.64-2003, SEC.1;
P.L.22-2005, SEC.38; P.L.218-2014, SEC.8; P.L.49-2016, SEC.6.
IC 22-13-5-3
Written interpretation binding on interested person and county or
municipality
Sec. 3. (a) A written interpretation issued under section 2 of this
chapter binds the interested person and the county or municipality
with whom the interested person has the dispute until the written
interpretation is overruled in a proceeding under IC 4-21.5.
(b) For purposes of IC 4-21.5, the commission is the ultimate
authority regarding a written interpretation issued under section 2 of
this chapter.
As added by P.L.71-1999, SEC.1.
IC 22-13-5-4
Published interpretation binding on all counties and municipalities
Sec. 4. (a) A written interpretation of a building law or fire safety
law binds all counties and municipalities if the state building
commissioner publishes the written interpretation of the building law
or fire safety law in the Indiana Register under IC 4-22-7-7(b). For
purposes of IC 4-22-7-7, a written interpretation of a building law or
fire safety law published by the state building commissioner is
considered adopted by an agency.
(b) A written interpretation of a building law or fire safety law
published under subsection (a) binds all counties and municipalities
until the earlier of the following:
(1) The general assembly enacts a statute that substantively
changes the building law or fire safety law interpreted or voids
the written interpretation.
(2) The commission adopts a rule under IC 4-22-2 to state a
different interpretation of the building law or fire safety law.
(3) The written interpretation is found to be an erroneous
interpretation of the building law or fire safety law in a judicial
proceeding.
(4) The state building commissioner publishes a different
written interpretation of the building law or fire safety law.
(c) The department or the state building commissioner may create
an electronic data base for the purpose of cataloging all available
variance rulings by the commission for the purpose of making the
information available to the public on the Internet web site of the
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department or the state building commissioner.
As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.39;
P.L.218-2014, SEC.9.
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