IC 22-15-4
    Chapter 4. Certification of Industrialized Building Systems andMobile Structures

IC 22-15-4-1
Industrialized building systems; qualification for certification;seal; exemption
    
Sec. 1. (a) The division shall certify an industrialized buildingsystem for use in Indiana to an applicant who qualifies under thissection. If an applicant qualifies for certification under this section,the division shall provide the applicant with a seal for the certifiedindustrial building system.
    (b) To qualify for a certification under this section, an applicantmust:
        (1) submit proof that the division has issued a design releaseunder IC 22-15-3 for the model or series of industrializedbuilding systems being constructed;
        (2) demonstrate, in an in-plant inspection, that the industrializedbuilding system covered by the application has been constructedin conformity with all applicable building laws and fire safetylaws; 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 industrializedbuilding 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 saleand use in Indiana for an applicant who qualifies under this section.If an applicant qualifies for certification under this section, thedivision shall provide the applicant with a seal for the certifiedmobile structure.
    (b) To qualify for certification under this section, an applicantmust:
        (1) submit proof that the division has issued a design releaseunder IC 22-15-3 for the model or series of mobile structuresbeing constructed;
        (2) demonstrate, in an in-plant inspection, that the mobilestructure covered by the application has been constructed inconformity with all applicable building laws and fire safetylaws;
        (3) certify in an affidavit that a seal provided by the divisionwill not be attached to a mobile structure that does not conformto 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 mobilestructure 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 toconduct 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 underIC 22-13-2-12 to authorize the sale and use of industrialized buildingsystems and mobile structures that are not certified under section 1or 2 of this chapter but are certified under the requirements of any ofthe following:
        (1) The United States Department of Housing and UrbanDevelopment.
        (2) Another state.
        (3) A foreign country.
    (b) The department may enter into an agreement underIC 22-13-2-12 to inspect and certify industrial building systems andmobile structures under the requirements of any of the following:
        (1) The United States Department of Housing and UrbanDevelopment.
        (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 iskept or transported without required seal and affidavit; offense
    
Sec. 5. A person who offers to sell or sells for money or otherconsideration a mobile structure that:
        (1) is manufactured after:
            (A) January 1, 1972, if the mobile structure is designed to bea dwelling; or
            (B) June 30, 1987, if the mobile structure is not designed tobe a dwelling; and
        (2) is kept or transported without:
            (A) a seal issued under IC 9-8-1.5 (before its repeal on July1, 1987) or section 2 or 4 of this chapter; and
            (B) an affidavit from the manufacturer (if the mobilestructure was manufactured in Indiana or the mobilestructure was manufactured outside Indiana and has not beenused by its owner) or a dealer who has sold at least three (3)mobile structures in the previous twelve (12) month period(if the mobile structure was manufactured outside Indianaand the mobile structure has been used by its owner) thatstates that the mobile structure meets or exceeds the

applicable requirements adopted by the commission in itsrules 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 orconverted 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 thischapter; and
        (2) has been altered or converted in violation of a rule adoptedby 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, orregulation 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 personpurchasing a manufactured home in good faith for purposes otherthan resale.
    (c) A person who violates 42 U.S.C. 5409, or any regulation orfinal order issued under 42 U.S.C. 5409, is liable to the departmentfor a civil penalty not to exceed one thousand dollars ($1,000) foreach violation. Each violation of 42 U.S.C. 5409, or any regulationor final order issued under 42 U.S.C. 5409, constitutes a separateviolation with respect to:
        (1) each manufactured home; or
        (2) each failure or refusal to allow or perform an act required by42 U.S.C. 5409 or a regulation or order issued under 42 U.S.C.5409.
However, the maximum judgment imposed under this subsectionmay not exceed one million dollars ($1,000,000) for any relatedseries of violations occurring within one (1) year after the date of thefirst violation.
    (d) The department may recover the civil penalty described insubsection (c) in a civil action commenced in any court withjurisdiction.
    (e) Notwithstanding IC 35-50-3-2, an individual or a director, anofficer, or an agent of a corporation who knowingly violates 42U.S.C. 5409 in a manner that threatens the health or safety of anypurchaser commits a Class A misdemeanor and shall be fined notmore than one thousand dollars ($1,000) dollars or imprisoned notmore 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.