§ 22-13-5-4 — Published interpretation binding on all counties and municipalities

Indiana § 22-13-5-4

• Jurisdiction: Indiana
• Art. 13: FIRE SAFETY, BUILDING, AND EQUIPMENT
• Ch. 5: Power of Building Commissioner to Interpret Building

Text

(a) A written interpretation of a building law
or fire safety law binds all counties and municipalities if the state
building commissioner publishes the written interpretation of the
building law or fire safety law in the Indiana Register under IC 4-22-7-7(b). For purposes of IC 4-22-7-7, a written interpretation of a
building law or fire safety law published by the state building
commissioner is considered adopted by an agency.
(b) A written interpretation of a building law or fire safety law
published under subsection (a) binds all counties and municipalities
until the earlier of the following:
(1) The general assembly enacts a statute that substantively
changes the building law or fire safety law interpreted or voids the
written interpretation.
(2) The commission adopts a rule under IC 4-22-2 to state a
different interpretation of the building law or fire safety law.
(3) The written interpretation is found to be an erroneous
interpretation of the building law or fire safety law in a judicial
proceeding.
(4) The state building commissioner publishes a different written
interpretation of the building law or fire safety law.
(c) The department or the state building commissioner shall create
an electronic data base for the purpose of cataloging all available
variance rulings by the commission or the department for the purpose
of making the information available to the public on the Internet web
site of the department or the state building commissioner.

Legislative History

As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.39; P.L.218-2014, SEC.9; P.L.249-2019, SEC.29.