| A)
| 675 IAC 12 - Administration. |
| B)
| 675 IAC 13 - Building Codes. |
| C)
| 675 IAC 14 - One and Two Family Dwelling Code. |
| D)
| 675 IAC 16 - Plumbing Code. |
| E)
| 675 IAC 17 - Electrical Codes. |
| F)
| 675 IAC 18 - Mechanical Code. |
| G)
| 675 IAC 19 - Energy Conservation Codes. |
| H)
| 675 IAC 20 - Swimming Pool Code. |
| I)
| 675 IAC 22 - Fire Prevention Codes. |
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| 151.06 DEFINITIONS
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| The following definitions shall apply throughout this chapter:
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| ACCESSORY STRUCTURE
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| An attached or detached structure housing a use that is incidental and subordinate to the principal use with which the structure is associated, and which is either in the same ownership as the principal use or is maintained and operated substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use. Examples of accessory structures include but are not limited to garages, carports, swimming pools, sheds, fences, signs, decks, patios, stairs and porches.
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| ADMINISTRATOR
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| The Administrator of the Department of Building, Planning and Development of the city, or the Administrator's designated representative.
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| BALCONY See "EXTERIOR ABOVE-GRADE FLOOR SYSTEM."
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| BUILDING
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| A roofed structure for the support, shelter, enclosure or protection of persons, animals or moveable property of any kind.
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| BUILDING PERMIT See "SITE IMPROVEMENT PERMIT."
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| CARPORT
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| An accessory structure intended to be used only for the sheltering of vehicles, and consisting of not more than eight vertical posts supporting a roof, each of which measures not more than twelve inches on a side, and which is open on all sides of the carport by not less than 50% of the vertical distance between the ground and the peak of the roof of the carport.
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| CITY
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| The employees, commissions and agents of the City of Auburn, Indiana.
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| CITY BUILDING INSPECTOR
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| The person or persons appointed by the city to conduct inspections as necessary under the direction of the Administrator, in order to ensure compliance with the provisions of this chapter. The term includes "Building Inspector" and "Inspector."
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| CLASS 1 STRUCTURE
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| Any structure defined as a "CLASS 1 STRUCTURE " pursuant to I.C. 22-12-1-4.
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| CLASS 2 STRUCTURE
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| Any structure defined as a "CLASS 2 STRUCTURE" pursuant to I.C. 22-12-1-5. The term includes "One-Family Dwelling," "Single-Family Dwelling," "Two-Family Dwelling" and "Duplex."
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| CONSTRUCTION DESIGN RELEASE
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| Authorization of the State of Indiana issued pursuant to 675 IAC 12-6 to proceed with site improvements on a Class 1 structure. The term includes "Release."
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| DECK See "EXTERIOR ABOVE-GRADE FLOOR SYSTEM."
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| DEPARTMENT
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| The Department of Building, Planning and Development of the City of Auburn.
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| DESIGN RELEASE TO MANUFACTURE
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| Authorization of the State of Indiana issued pursuant to 675 IAC 15S-1 to proceed with the manufacture of an industrialized building system or mobile structure (types of "Manufactured Structures" as defined herein). The term includes "Release."
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| DETACHED BUILDING
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| A building which has no wall or roof in common with another building.
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| DWELLING
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| Any building which contains one or more dwelling units that are used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied, for living purposes.
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| DWELLING UNIT
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| A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
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| ELECTRIC SERVICE
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| The connection of city electric service to a structure, including but not limited to wires, meters, conduit and related devices that extend from the city's electric distribution lines to the service disconnect on the structure to be served.
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| EXTERIOR ABOVE-GRADE FLOOR SYSTEM
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| An exterior floor system with a finished floor elevation that is above grade, open to the air on at least one side, and supported on at least one side by one or more of the following support structures having a permanent foundation: an adjoining structure, posts, piers, perimeter foundation, or other independent supports. The term includes "Balcony," "Deck," "Porch" and "Stairs, Exterior."
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| EXTERIOR AT-GRADE FLOOR SYSTEM
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| An exterior slab floor system made of concrete, asphalt, brick, stone or other hard surface material supported directly by the ground beneath the slab, where the finished floor elevation is at-grade, and that is open to the air on at least one side. The term includes "Landing," "Patio," "Slab" and "Stoop."
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| EXTERIOR STAIRS See "EXTERIOR ABOVE-GRADE FLOOR SYSTEM."
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| FOUNDATION PERMIT
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| A limited-purpose site improvement permit issued prior to a full site improvement permit, approving only the construction of the foundation for a structure, but no improvements above the foundation.
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| PERMANENT SWIMMING POOL
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| Any swimming pool that is constructed in the ground or in a building in such a manner that the pool cannot be readily disassembled for storage or transport.
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| PERMIT See "SITE IMPROVEMENT PERMIT."
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| PERSON
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| An individual, agency, partnership, corporation, group, organization, governmental entity, trust; estate, or any other legal or commercial entity.
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| PORCH See "EXTERIOR ABOVE-GRADE FLOOR SYSTEM."
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| RECREATIONAL VEHICLE
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| A vehicle or portable structure with or without motive power, designed to be used for temporary sleeping and human habitation, which is either:
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| SLAB See "EXTERIOR AT-GRADE FLOOR SYSTEM."
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| STOOP See "EXTERIOR AT-GRADE FLOOR SYSTEM."
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| STRUCTURAL CHANGE
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| Any change to the horizontal area, height, length or width of a structure, or change to the depth of a structure below the surface of the ground, or change in the location or capacity of any load-bearing member or component of a structure.
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| STRUCTURE
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| Anything constructed, installed or erected which requires location on the ground or attachment on something having location on the ground, including but not limited to buildings, walls, fences, towers, swimming pools and signs.
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| TEMPORARY FOUNDATION
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| A structural support system for a building which:
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| 1)
| Class 1 and Class 2 structures, including accessory structures and appurtenances thereto. |
| 2)
| Buildings used for agricultural purposes or for retail sales of farm produce, including accessory structures and appurtenances thereto. |
| 3)
| All other structures and improvements specifically identified in 151.13 of this chapter, entitled "Fees." |
| 4)
| Installation of a manufactured structure on any site, whether the land is rented, leased or owned. Where the manufactured structure is used as or is to be used as a one or two-family dwelling, the standards and regulations applicable to manufactured homes and mobile homes located on privately owned (non-rental) lots under 675 IAC 14 "Indiana One and Two Family Dwelling Code," and the regulations in this chapter, shall apply. |
| 1)
| Any work on any project where the total construction cost of the project will be less than $500; however, a permit shall be required for work that involves structural change, installation of a permanent foundation, or connection of temporary or permanent city electric service. |
| 2)
| Any work, regardless of cost, performed by or on behalf of the federal government or the state on property that they own (not leased property); however, a permit shall be required for connection of temporary or permanent city electric service, and for any work performed by or on behalf of any political subdivision of the state. |
| 3)
| Any work, regardless of cost, in the right-of-way of a railroad or the right-of-way of a street owned by a unit of government; however, a permit shall be required for connection of temporary or permanent city electric service. |
| 4)
| Construction of any part of a manufactured structure that is regulated under I.C. 22-15-4 or 42 USC 5401. |
| 5)
| Installation of a manufactured structure or a carport, including foundations and any steps to exterior entrance doors of the manufactured structure, but not any other exterior above-grade floor system, regardless of cost, when the manufactured structure or carport is to be installed in an approved or legally non-conforming manufactured housing/mobile home park, and where the installation satisfies all of the following conditions: |
| a)
| The land where the manufactured structure is to be installed lies within the manufactured housing/mobile home park (MH) zoning district; and |
| b)
| The structure will be a manufactured structure as defined herein that qualifies as and will be used only as a single dwelling unit; and |
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| c)
| The structure is to be installed on a temporary foundation; and |
| d)
| The lot on which the structure is to be located will be rented to the owners or lessees of the residential manufactured structure that is to be placed on the lot; however, a permit shall be required for connection of temporary or permanent city electric service, installation or construction of any other structures regulated by this chapter, and modifications to the manufactured structure. The installation or construction of any other structure, and modification to the manufactured structure, shall comply with the requirements of 675 IAC 14 "Indiana One and Two Family Dwelling Code" that apply to manufactured homes and mobile homes located on privately owned (non-rental) lots, and shall comply with the regulations in this chapter, regardless of whether or not it is located on a lot that is or will be rented or owned by the owner or lessee of the structure. |
| a)
| Interior and exterior finish work, including but not limited to painting, and installation, repair or replacement of carpeting, flooring, cabinetry, roof decking, shingles, siding, gutters, downspouts, insulation, windows and doors. |
| b)
| Installation of fences, non-load-bearing exterior wall systems, exterior at-grade floor systems (landing, patio, slab, stoop), sidewalks, driveways and vehicle parking areas. |
| c)
| Installation, replacement or repair of mechanical systems, including but not limited to heating systems, HVAC systems, furnaces, water heaters, water softeners, toilets, sinks and showers. |
| A)
| Owner/applicant |
| The property owner or the owner's authorized representative shall be responsible for completing and submitting the application for a site improvement permit.
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| B)
| Application form |
| The application for a permit shall be on forms furnished by the department. One application shall be submitted for each individual address where work is to be done; however, one application may be submitted for each multi-family residential building in which all work is to be accomplished in the same manner in each dwelling unit in the building, and is to be accomplished by the same contractors and sub-contractors. All information required on the application form shall be provided by the applicant.
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| C)
| Attachments |
| A complete set of the documents that were required for the pre-application review, including required amendments, and any additional information required by the Administrator based on the circumstances of a particular project shall be attached to each application.
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| D)
| Review |
| The Administrator shall review each application for completeness, for compliance with the terms of this chapter, for compliance with any conditions attached to a construction design release or design release to manufacture, and for compliance with any special terms or conditions attached to a project.
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| E)
| Approval or rejection |
| The application will be approved and a permit issued, or the application will be rejected and returned to the owner with the reasons for rejection, within 10 days following the date of receipt of the completed application and all required attachments by the department. If rejected and returned, it shall be the responsibility of the owner to address the cause for rejection and submit a revised application for further review.
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| F)
| Plans, materials and methods |
| The city shall not by its actions approve or certify the design, construction plans, materials proposed to be used, or the proposed methods of construction.
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| A)
| Inspection requests |
| The owner of property subject to a site improvement permit is responsible for requesting all inspections of work. Twenty-four hour notice is requested.
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| B)
| Unscheduled inspections |
| A city building inspector will periodically inspect work for which a site improvement permit has been issued to determine compliance with the standards adopted by reference in this chapter, the plans, and the terms of a construction design release or design release to manufacture.
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| C)
| Uninspected work |
| Work which cannot be inspected when an inspection is requested because the work is incomplete, covered, inaccessible or otherwise not ready for inspection, is subject to a re-inspection fee.
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| D)
| Non-compliant work |
| Whenever a city building inspector determines that any work is not in compliance with the terms of the site improvement permit, a construction design release, a design release to manufacture, or the standards adopted by reference in this chapter, the inspector will attempt to notify the property owner in person about the deficiency. Where in-person communication is not possible or where a deficiency is not corrected within the allotted time as determined by the inspector, the inspector shall notify the owner about the deficiency in writing. Cited deficiencies shall be corrected by the owner and inspected not later than the required completion date of the work authorized by the permit, or within 90 days following written notice, whichever is longer. For changes to the design of a project that is subject to a construction design release or design release to manufacture, the owner shall be responsible for submitting an application for addenda or revision to the release pursuant to state law, and the amended release shall be provided to the department for use in the final inspection.
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| a)
| A city building inspector has determined that a certificate of occupancy cannot be issued in the reasonably near future for reasons not under the control of the property owner, including but not limited to seasonal or other weather conditions, lack of building materials, or shortage of labor; |
| b)
| The structure is otherwise determined by the Administrator, on the advice of the inspector, to be habitable; |
| c)
| All of the following components and systems have been installed, and have been inspected and approved by the inspector: smoke alarms, fire safety equipment, electrical service and premise wiring, potable water service, and sanitary sewer service; and |
| d)
| The inspector shall have established the length of time for which the conditional certificate of occupancy is to be valid based on the inspector's estimated date of completion and final inspection of the outstanding work, but in no event longer than 180 days. |
| 151.18 STOP WORK ORDER
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| Whenever it is determined that any work at a site is not in compliance with the provisions of this chapter, the Administrator may order the work stopped by notice posted at the building site, and all persons performing any work at the site shall forthwith stop until authorized by the Administrator to proceed with the work.
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| 151.19 VIOLATIONS
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| It shall be unlawful for any person whether as owner, lessee, sub-lessee, occupant, user or contractor of or on property subject to this chapter, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure, except as provided herein, in the city's jurisdiction, or to cause or permit the same to be done, contrary to or in violation of the provisions of this chapter.
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| 151.21 REMEDIES
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| The city shall bring actions in the superior or circuit courts of DeKalb County for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Administrator. Any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter.
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| 151.99 PENALTY
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| If any person shall violate any of the provisions of this chapter, or shall perform any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Administrator, or shall fail, neglect, or refuse to obey any lawful order given by the Administrator in connection with the provisions of this chapter, for each such violation, failure, or refusal, such person shall be fined $25. Each day of such unlawful activity shall constitute a separate offense.
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