Building Code Dispute Solution

Building code dispute? We have a solution

Indiana Code 22-13-5 grants the state building commissioner in the Indiana Department of Homeland Security the authority to interpret a building law or a fire safety law. These interpretations shall be issued upon the written request of an interested person, which is a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law. Further, the state building commissioner may issue a written interpretation of a building law or fire safety law whether or not the county or municipality has taken any action to enforce the building law or fire safety law. This means a home builder does not have to wait to be red tagged before requesting a written interpretation. Finally, a written interpretation binds the interested person and the county or municipality with whom the interested person has the dispute until the written interpretation is overruled by the Indiana Fire Prevention and Building Safety Commission. 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.

 

Requesting a Code Interpretation

To assure the state building commissioner has the information necessary to issue a written interpretation, please include the following information in your written request:

* Name and contact information of the builder (or remodeler, architect, engineer, etc.);

* Name and contact information of the county or municipality in which the project is constructed;

* Problem or concern and identify the specific section(s) of the code for which the written interpretation is requested; and

* All documents that are referenced should be included with the request, in addition to any other information that could assist the state building commissioner in reaching a decision.

Please submit your written request for an interpretation to Craig Burgess, State Building Commissioner, at 302 West Washington St Room E241, Indianapolis, IN 46204 or cburgess@dhs.in.gov. The state building commissioner will research the applicable codes and send a written response not later than ten (10) business days after the date of receiving a request. If you’d like IBA staff to assist with your request, please cc Carlie@BuildIndiana.org on your message to the state building commissioner.

View Code Interpretations

Non-rule policy documents and interpretations of the Indiana Fire Prevention and Building Safety Commission’s rules are posted here.

Want to see more codes and laws?