Sec. 3. (a) The legislative body of a county having a
county department of buildings or joint city-county building
department may, by ordinance, adopt building, heating, ventilating, air
conditioning, electrical, plumbing, and sanitation standards for
unincorporated areas of the county. These standards take effect only on
the legislative body's receipt of written approval from the fire
prevention and building safety commission.
(b) An ordinance adopted under this section must be based on
occupancy, and it applies to:
(1) the construction, alteration, equipment, use, occupancy,
location, and maintenance of buildings, structures, and
appurtenances that are on land or over water and are:
(A) erected after the ordinance takes effect; and
(B) if expressly provided by the ordinance, existing when the
ordinance takes effect;
(2) conversions of buildings and structures, or parts of them, from
one occupancy classification to another; and
(3) the movement or demolition of buildings, structures, and
equipment for the operation of buildings and structures.
(c) The rules of the fire prevention and building safety commission
are the minimum standards upon which ordinances adopted under this
section must be based.
(d) An ordinance adopted under this section does not apply to
private homes that are built by individuals and used for their own
occupancy. However, onsite sewage systems of a private home
described in this subsection must comply with state laws and rules.
[Pre-Local Government Recodification Citation: 17-2-72-1
part.]
As added by Acts 1981, P.L.309, SEC.27. Amended by
P.L.8-1984, SEC.125; P.L.208-2015, SEC.19.
Notes of Decisions
Noble Cnty. v. Rogers, 745 N.E.2d 194 (Ind. 2001).
· cites it 4× “The court first held that the pertinent Noble County ordinances amounted to a "building code" under Indiana Code § 36-7-8-3 and not a *196 "housing code" under Indiana Code § 36-7-8-4.”
Washington Cnty. Health Dep't v. White, 878 N.E.2d 224 (Ind. Ct. App. 2007).
· cites it 20× “Indiana Code § 36-7-8-3 states: (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for…”
Noble Cnty. Bd. of Commissioners v. Fahlsing, 714 N.E.2d 1134 (Ind. Ct. App. 1999).
· cites it 22× “denied, we held that Noble County enacted its Building Code pursuant to Indiana Code Section 36-7-8-3, which provides: (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building,…”
Robinson v. Monroe Cnty., 663 N.E.2d 196 (Ind. Ct. App. 1996).
· cites it 6× “We also reiterate that our decision and discussion in the instant case is confined to exempting individu *198 als from the requirements set out in IC § 36-7-8-3 "and does not provide a similar exemption from the requirements set out in Section 4 concerning minimum housing…”
— Ind. Code § 36-7-8-3(a) — 1 case
Robinson v. Monroe Cnty., 663 N.E.2d 196 (Ind. Ct. App. 1996).
“We also reiterate that our decision and discussion in the instant case is confined to exempting individu *198 als from the requirements set out in IC § 36-7-8-3 "and does not provide a similar exemption from the requirements set out in Section 4 concerning minimum housing…”
— Ind. Code § 36-7-8-3(d) — 6 cases
Noble Cnty. v. Rogers, 745 N.E.2d 194 (Ind. 2001).
“The court first held that the pertinent Noble County ordinances amounted to a "building code" under Indiana Code § 36-7-8-3 and not a *196 "housing code" under Indiana Code § 36-7-8-4.”
Noble Cnty. Bd. of Commissioners v. Fahlsing, 714 N.E.2d 1134 (Ind. Ct. App. 1999).
“denied, we held that Noble County enacted its Building Code pursuant to Indiana Code Section 36-7-8-3, which provides: (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building,…”
Robinson v. Monroe Cnty., 663 N.E.2d 196 (Ind. Ct. App. 1996).
“We also reiterate that our decision and discussion in the instant case is confined to exempting individu *198 als from the requirements set out in IC § 36-7-8-3 "and does not provide a similar exemption from the requirements set out in Section 4 concerning minimum housing…”
Washington Cnty. Health Dep't v. White, 878 N.E.2d 224 (Ind. Ct. App. 2007).
“Indiana Code § 36-7-8-3 states: (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for…”
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