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 Written interpretation of building law issued
Sec. 2. (a) Upon the written request of an interested person, the
building law compliance officer in the department of homeland
security may issue a written interpretation of a building law or a fire
safety law. An interpretation issued by the building law compliance
officer in the department of homeland security must be consistent
with building laws and fire safety laws enacted by the general
assembly or adopted by the commission.
(b) The building law compliance officer in the department of
homeland security may 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.
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 building law
compliance officer in the department of homeland security 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 building law compliance officer in the department of
homeland security 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 building law compliance officer in the department of
homeland security publishes a different written interpretation of
the building law or fire safety law. As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.39.
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 Written interpretation of building law issued
Sec. 2. (a) Upon the written request of an interested person, the
building law compliance officer in the department of homeland
security may issue a written interpretation of a building law or a fire
safety law. An interpretation issued by the building law compliance
officer in the department of homeland security must be consistent
with building laws and fire safety laws enacted by the general
assembly or adopted by the commission.
(b) The building law compliance officer in the department of
homeland security may 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.
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 building law
compliance officer in the department of homeland security 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 building law compliance officer in the department of
homeland security 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 building law compliance officer in the department of
homeland security publishes a different written interpretation of
the building law or fire safety law. As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.39.
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 Written interpretation of building law issued
Sec. 2. (a) Upon the written request of an interested person, the
building law compliance officer in the department of homeland
security may issue a written interpretation of a building law or a fire
safety law. An interpretation issued by the building law compliance
officer in the department of homeland security must be consistent
with building laws and fire safety laws enacted by the general
assembly or adopted by the commission.
(b) The building law compliance officer in the department of
homeland security may 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.
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 building law
compliance officer in the department of homeland security 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 building law compliance officer in the department of
homeland security 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 building law compliance officer in the department of
homeland security publishes a different written interpretation of
the building law or fire safety law. As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.39.
