Section 675IAC14-4.3-2. Chapter 1; administration

   Delete Chapter 1 and substitute as follows: (a) SECTION R101 Application is added to read as follows: SECTION R101 APPLICATION

The provisions of this code apply to the construction, prefabrication, alteration, addition, and remodel of detached one or two family dwellings and one family townhouses not more than 3 stories in height and their accessory structures.

This code does not apply to manufactured homes as defined in SECTION R202, SECTION AE201, and IC 22-12-1-16 except as addressed in APPENDIX E.

This code does not apply to mobile structures as defined in IC 22-12-1-17.

Townhouses are classified as Class 1 structures and detached one and two family dwellings and their accessory structures are classified as Class 2 structures.

Provisions in the appendices are not enforceable unless specifically adopted.

The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

EXCEPTION: Where the enforcement of a code provision would violate the listing of the equipment, appliance, manufacturer's instructions or certification of engineered products by a registered architect registered under IC 25-4 or a professional engineer registered under IC 25-31, the conditions of the listing, manufacturer's instructions, or professional certification by a registered architect or professional engineer shall apply.

  (b) SECTION R102 is added to read as follows: SECTION R102 APPEALS AND INTERPRETATIONS

Appeals from orders issued by the Fire Prevention and Building Safety Commission, the state building commissioner, or the state fire marshal are governed by IC 4-21.5 and IC 22-12-7. Appeals from orders by a local unit of government are governed by IC 22-13-2-7 and local ordinance. Upon the written request of an interested person, the office of the state building commissioner may issue a written interpretation of a building law. The written interpretation as issued under IC 22-13-5 binds the interested person and the county or municipality with whom the interested person has the dispute until overruled under IC 4-21.5. A written interpretation of a building law binds all counties and municipalities if the office of the state building commissioner publishes the written interpretation of the building law in the Indiana Register under IC 4-22-7-7(b).

  (c) SECTION R103 is added to read as follows: SECTION R103 PLANS

Plans shall be submitted for Class 1 structures as required by the General Administrative Rules (675 IAC 12-6) and for Class 2 structures as required by local ordinance.

  (d) SECTION R104 is added to read as follows: SECTION R104 EXISTING CONSTRUCTION

For existing construction, see the General Administrative Rules (675 IAC 12-4) and local ordinance.

  (e) SECTION R105 is added to read as follows: SECTION R105 ADDITIONS AND ALTERATIONS

Additions and alterations to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all the requirements of this code. Additions or alterations shall not cause an existing structure to become unsafe.

  (f) SECTION R106 is added to read as follows: SECTION R106 ALTERNATIVE MATERIALS, METHODS, AND EQUIPMENT

SECTION R106.1 ALTERNATE MATERIALS, METHODS, AND EQUIPMENT

The provisions of this code are not intended to limit the appropriate use of materials, appliances, equipment, or methods of design or construction not specifically prescribed by this code. The building official shall determine equivalence of the proposed alternate materials, appliances, equipment, or method of design or construction of that prescribed in this code in suitability, quality, strength, effectiveness, fire resistance, durability, dimensional stability, safety, and sanitation on the basis of evidence and/or tests as described in R106.2 and R106.3, as suitable to be approved. For Class 1 structures, alternate materials, methods, equipment, and design shall be as required by the General Administrative Rules (675 IAC 12-6-11). Compliance with specific provisions of the Indiana Building Code (675 IAC 13) or the Indiana Plumbing Code (675 IAC 16) in lieu of the requirements of this code shall be permitted as an alternate.

SECTION R106.2 EVIDENCE

The building official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the proposed alternate.

SECTION R106.3 TESTS AND STANDARDS

The determination of equivalence shall be based on design or test methods or approved standards. In addition, the building official may accept as supporting data to assist in this determination duly authenticated reports from the Building Officials and Code Administrators International, Inc., Southern Building Code Congress International, Inc., International Conference of Building Officials, the International Code Council, Inc., or their successors, or acceptance documents from the U.S. Department of Housing and Urban Development, the certification of a registered architect registered under IC 25-4 or a professional engineer registered under IC 25-31, or the General Administrative Rules (675 IAC 12).

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. Tests shall be performed by an approved agency. Reports of such test shall be retained by the building official for a period required for retention of public records.

  (g) SECTION R107 is added to read as follows: SECTION R107 WORKMANSHIP

General Workmanship. All construction methods shall be accepted practices to ensure livable and safe housing and shall demonstrate acceptable workmanship. (Fire Prevention and Building Safety Commission; 675 IAC 14-4.3-2; filed Jun 13, 2005, 3:00 p.m.: 28 IR 3256, eff 90 days after filing with the Secretary of State; readopted filed Aug 4, 2011, 8:35 a.m.: 20110831-IR-675110254RFA)