Ind. Code » Title 22
Indiana Code

Ind. Code § 22-12-1-5 (2025)

"Class 2 structure"

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 5. (a) "Class 2 structure" means any part of the following:

(1) A townhouse or a building or structure that is intended to contain or contains only one (1) dwelling unit or two (2) dwelling units unless any part of the building or structure is regularly used as a Class 1 structure.

(2) An outbuilding for a structure described in subdivision (1), such as a garage, barn, or family swimming pool, including an above ground swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.

     (b) Subsection (a) does not include a vehicular bridge.

     (c) For purposes of subsection (a)(1), "townhouse" means a single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit:

(1) extends from foundation to roof;

(2) is not more than three (3) stories in height;

(3) is separated from each adjoining unit by:

(A) two (2) one (1) hour fire-resistance rated walls with exposure from both sides; or

(B) a common two (2) hour fire-resistance rated wall; and

(4) has open space on at least two (2) sides.

As added by P.L.245-1987, SEC.1. Amended by P.L.72-2008, SEC.1; P.L.218-2014, SEC.5.

 

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2008–2026 · leading case: Harold McComb & Son, Inc. v. JPMorgan Chase Bank, NA, 892 N.E.2d 1255 (Ind. Ct. App. 2008).
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Harold McComb & Son, Inc. v. JPMorgan Chase Bank, NA, 892 N.E.2d 1255 (Ind. Ct. App. 2008). · cites it 2× “” I.C. § 22-12-1-5. Subsection (d) also does not apply to a construction contract for an improvement on the same real estate auxiliary to a Class 2 structure or for property intended to be used to deliver public utilities or telecommunications services.”
Place of Grace, Inc. v. State of Indiana, No. 1:24-cv-01272 (S.D. Ind. Sept. 19, 2025). · cites it 2× “" Under Indiana Code § 22-12-1-5, a Class 2 structure is one intended to contain only one or two dwelling units, unless any part of the structure is regularly used as a Class 1 structure.”
Harmony Home of Huntington, Inc. v. Exec. Dir., Indiana Dep't of Homeland Sec., The Members of the Fire Prevention & Bldg. Saf. Comm'n, Indiana Dep't of Homeland Sec., No. 1:24-cv-01228 (S.D. Ind. Mar. 10, 2026). · cites it 2× “" Ind. Code § 22-12-1-5 . A Class 1 structure is defined as: (1) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following: (A) The public.”
Fred C. Feitler, Mary Anna Feitler, & the Feitler Fam. Trust v. Springfield Enter., Inc., J. Laurie Com. Floors, LLC, d/b/a Jack Lauries Floor Designs, JM Woodworking Co., No. 17A04-1206-PL-297 (Ind. Ct. App. Nov. 7, 2012). · cites it 2× “Code § 32-28-3-1 (e) (bracketed material from Ind. Code § 22-12-1-5 (a) definition of “Class 2 structure”).”
New Horizons Rehab., Inc. v. State of Indiana, 400 F. Supp. 3d 751 (S.D. Ind. 2019). “§ 22-12-1-5. Generally, no person can begin construction on a Class 1 structure until the DHS’s Division of Fire and Building Safety has issued a design release.”
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