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 underIC 10-19-7-4 shall issue a design release for:
(1) the construction of a Class 1 structure to an applicant whoqualifies under section 2 or 3 of this chapter; and
(2) the fabrication of an industrial building system or mobilestructure under section 4 of this chapter.
(b) The building law compliance officer may issue a designrelease based on a plan review performed by a city, town, or countyif:
(1) the building law compliance officer has certified that thecity, town, or county is competent; and
(2) the city, town, or county has adopted the rules of thecommission under IC 22-13-2-3.
(c) For the purposes of subsection (e)(1), competency must beestablished by a test approved by the commission and administeredby the division of education and information.
(d) A design release issued under this chapter expires on the datespecified 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, anapplicant must:
(1) demonstrate, through the submission of plans andspecifications for the construction covered by the application,that the construction will comply with all applicable buildinglaws 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 professionalengineer who is:
(i) competent to design the construction covered by theapplication 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 pageof all specifications the seal of the registered architect orprofessional engineer described by clause (A) or the person'stechnical or professional staff; and
(C) filed by the registered architect or professional engineerdescribed by clause (A) or the person's technical orprofessional staff; and
(4) submit a certificate prepared on a form provided by thedivision and sworn or affirmed under penalty of perjury by the
registered architect or professional engineer described insubdivision (3)(A):
(A) providing an estimate of the cost of the constructioncovered by the application, its square footage, and any otherinformation required under the rules of the commission;
(B) stating that the plans and specifications submitted for theapplication were prepared either by or under the immediatesupervision of the person making the statement;
(C) stating that the plans and specifications submitted for theapplication provide for construction that will meet allbuilding laws; and
(D) stating that the construction covered by the applicationwill be subject to inspection at intervals appropriate to thestage of the construction by a registered architect orprofessional engineer identified in the statement for thepurpose of determining in general if work is proceeding inaccordance 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 designrelease to construct:
(1) A Class 1 structure with thirty thousand (30,000) or fewercubic feet of space;
(2) An addition to a Class 1 structure, if the addition adds thirtythousand (30,000) or fewer cubic feet of space;
(3) An alteration to a Class 1 structure, if the alteration does notinvolve changes affecting the structural safety of the Class 1structure; or
(4) An installation or alteration of an automatic fire sprinklersystem in a Class 1 structure by persons qualified pursuant torules set forth by the fire prevention and building safetycommission.
(b) To qualify for a design release under this section, an applicantmust do the following:
(1) Demonstrate, through the submission of plans andspecifications for the construction covered by the application,that the construction will comply with all applicable buildinglaws 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 industrializedbuilding 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 industrializedbuilding systems or mobile structures.
(b) To qualify for a design release under this section, an applicantmust:
(1) demonstrate, through the submission of plans andspecifications for the construction covered by the application,that the construction will comply with all applicable buildinglaws and fire safety laws;
(2) have the submitted plans and specifications prepared by anarchitect registered under IC 25-4 or a professional engineerregistered under IC 25-31, if required under the rules adoptedby 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 anyrule adopted by the commission.
(b) The rules adopted by the commission do not prevent the useof:
(1) materials;
(2) methods of construction; or
(3) design procedures;
if they are not specifically prohibited in the rules and if they areapproved under subsection (c).
(c) The state fire marshal and the division may, in the review ofan application for a design release, consider as evidence ofcompliance with the rules adopted by the commission any evaluationreport that:
(1) contains limitations, conditions, or standards for alternativematerials, methods of construction, or design procedures; and
(2) is published by an independent, nationally recognizedtesting laboratory or other organization that is approved underthe 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, thedivision may issue:
(1) a design release for part of the construction proposed in anapplication, if that part of the construction qualifies for releaseunder this chapter; or
(2) a provisional release for any part of the constructionproposed in an application, under the conditions specified bythe 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 isexempted from this section in the rules adopted by the commissionunder 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 structureindustrialized building system or mobile home that isconstructed.
(c) A person described in subsection (b) commits a Class Cinfraction 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 chaptercovers the construction.
(d) A person described in subsection (b) commits a Class Cinfraction if:
(1) an industrialized building system or a mobile structure isfabricated; and
(2) no design release issued under section 4 of this chaptercovers the fabrication.
As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989,SEC.16.