Section 824IAC2-4-9. Suitability of facilities

   (a) The determination as to whether a facility is suitable for the proper storage, shipping, and handling of grain may be based on:

(1) an inspection by agency personnel; or

(2) representation, on the initial application, by an applicant based on the type of construction, location, and layout.

  (b) In determining the suitability of a facility, the following requirements must be met:

(1) The storage facilities must be weather-tight to protect the grain from the elements at all times.

(2) The facilities and the operational practices regarding the licensed facilities shall maintain and preserve the quantity and quality of the grain.

(3) The facilities must be structurally sound and provide proper and adequate storage for the stored grains.

(4) Facilities shall prevent mixing of nonfungible grain or grain that is to be stored separately.

(5) Reasonable efforts shall be made to prevent the pilferage of grain.

(6) There shall be adequate equipment, operational practices, and layout to preserve the quality of the grain by:

(A) reserving space for turning the grain;

(B) aeration; or

(C) other methods as approved by the director.

(7) There shall be adequate grading, weighing, and sampling equipment at the facility.

(8) There shall be reasonable efforts to prevent the infestation of the grain by vermin and to prevent the adulteration of the grain.

(9) Safe and adequate means of entering and exiting the storage units shall be provided and maintained by the licensee.

(A) Storage units that have an entrance over twenty (20) feet above ground level shall be quipped [sic., equipped] with a safe and adequate ladder or lift that meets IOSHA standards.

(B) Safe catwalks or walkways shall be provided. Lifts and ladders shall be kept clean and free of grain and other matter which might endanger the safety of persons.

(i) In the event an employee of the agency determines conditions at a facility are unsafe, the employee is not required to allow any inventory that may be in the unsafe bin and may count the bin as empty in the audit of the licensee.

(ii) The licensee shall inform the agency of plans to replace or repair any unsafe structures within thirty (30) days after the date of the agency employee's written departure report and shall have the structure in a safe condition within ninety (90) days from the date of the notice of an unsafe condition.

(10) Licensee shall have control of the facilities.

(11) A lease must be forwarded to the agency before farm bins or any bins can be added to licensed capacity.

  (c) If the director determines that the application is insufficient or that the facility is not suitable for storage, a notice shall be mailed to the applicant stating the reason the license was not issued. A license may be issued when the deficiency causing the license not to be issued is corrected. (Indiana Grain Buyers and Warehouse Licensing Agency; 824 IAC 2-4-9; filed Jan 19, 2001, 3:04 p.m.: 24 IR 1656; readopted filed Nov 16, 2007, 2:00 p.m.: 20071212-IR-824070667RFA; readopted filed Nov 27, 2013, 1:30 p.m.: 20131225-IR-824130492RFA)