Section 312IAC25-1-88. "Occupied residential dwelling and structures related thereto" defined  


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  •    "Occupied residential dwelling and structures related thereto" means, for purposes of 312 IAC 25-4-91 and 312 IAC 25-6-123, any building or other structure that, at the time the subsidence occurs is used either temporarily, occasionally, seasonally, or permanently for human habitation. The term also includes any building, structure, or facility installed on, above, below, or in a combination thereof, the land surface if that building, structure, or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, the following:

    (1) Garages.

    (2) Storage sheds and barns.

    (3) Greenhouses and related buildings.

    (4) Utilities and cables.

    (5) Fences and other enclosures.

    (6) Retaining walls.

    (7) Paved or improved patios.

    (8) Walks and driveways.

    (9) Septic sewage treatment facilities.

    (10) Lot drainage and lawn and garden irrigation systems.

    Any structure used only for commercial agricultural, industrial, retail, or other commercial purposes is excluded. (Natural Resources Commission; 312 IAC 25-1-88; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3415, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)