SENATE BILL No. 159
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-7-8-3.
Synopsis: Building ordinances and sanitation standards. Provides that
county ordinances governing sanitation standards do not include
standards governing, and do not apply to, the installation, permitting,
and maintenance of onsite residential sewage disposal systems as
enforced by the state department of health or a local health department.
Provides that the private home exemption from certain construction
standards adopted by local ordinance does not extend to other
ordinances, rules, or regulations.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Local Government.
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 159
A BILL FOR AN ACT to amend the Indiana Code concerning local
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-7-8-3; (13)IN0159.1.1. -->
SECTION 1. IC 36-7-8-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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. For purposes of this
section, sanitation standards do not include ordinances, rules,
regulations, or other standards governing the installation,
permitting, or maintenance of onsite residential sewage disposal
systems as enforced by the state department of health or a local
health department under IC 16-19 and 410 IAC 6.
(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 (1) 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. This exemption does not extend to the following:
(1) Rules or regulations adopted by the state department of
health, including rules adopted under IC 16-19-3, and
enforced by the state department of health or a local health
(2) Rules, regulations, or ordinances concerning minimum
housing standards, including ordinances adopted under
section 4 of this chapter.
(3) Rules, regulations, or ordinances concerning local
planning or zoning that are adopted under IC 36-7-4.
(4) Rules, regulations, or ordinances governing land use.