§ 536-201. When building permits required; enforcement.

(a)

Permit required. Except for construction specified in subsections (b) and (c), it shall be unlawful for a person, partnership or corporation to engage in any construction or demolition or removal of structures unless a written building permit issued by the division of construction and business services describing the activity has been obtained by and is in force relative to the person, partnership or corporation that is actually accomplishing, supervising accomplishment or is contractually responsible for accomplishment of the construction allowed by the building permit. A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the department of business and neighborhood services.

(b)

Exemptions for one- and two-family dwellings. With respect to Class 2 structures, the permit specified in subsection (a) shall not be required for:

(1)

Replacement of exterior prime doors and windows (limited to like for like in a wall opening of the same dimensions that does not reduce the egress required by code provision existing at the time the building was constructed) if performed by a listed contractor that complies with the notice and posting requirements of section 536-216; additionally, a person who owns or is purchasing a Class 2 structure on contract with intention to utilize the property for his or her own occupancy may likewise replace without permit prime doors and windows in such structure;

(2)

Replacement of an existing roof if performed by a listed contractor that complies with the notice and posting requirements of section 536-216; and that construction does not involve:

a.

A change in roof configuration;

b.

A change in type of roof covering (e.g., tile roofing replacing asphalt shingles) that would increase the dead load on the structure;

c.

The replacement of basic structural members that support the roof (e.g., replacement of a rafter or more than one hundred twenty-eight (128) feet of decking); or

d.

The installation of heat-applied roofing material;

Additionally, a person who owns or is purchasing a Class 2 structure on contract with the intention to utilize the property for his or her own occupancy may affix without permit a layer of replacement shingles to a single layer of existing shingles provided that a layer of shingles is not removed and provided that the total shingle-roof application is performed by the owner or contract purchaser with assistance only by noncompensated volunteers;

(3)

Installation and replacement of exterior siding if performed by a listed contractor that complies with the notice and posting requirements of section 536-216; additionally, a person who owns or is purchasing a Class 2 structure on contract with the intention to utilize the property for his or her own occupancy may attach without permit a layer of siding to the existing sheathing without removal of existing sheathing, provided that the total siding application is performed by the owner or contract purchaser assisted only by noncompensated volunteers;

(4)

Ordinary maintenance and repair of a structure where the work does not reduce performance or create additional health or safety risks as defined in section 536-111(i);

(5)

Installation and replacement of fixtures attached to the walls or floors such as cupboards, cabinets, shelving, railings, tracks, wall and floor coverings, and doors;

(6)

Installation, maintenance and repair of storm windows and other exterior windows designed and used as protection against severe weather;

(7)

Exterior repair or renovation of a masonry chimney above the roof line that does not reduce the size of the flue opening;

(8)

Gutter replacement or installation;

(9)

Attachment of window awnings to exterior walls where the awnings project not more than forty-eight (48) inches from any wall;

(10)

Installation of thermal insulation;

(11)

Installation of additional non-load bearing walls that do not result in the creation of sleeping rooms; provided however, permits are required (except as otherwise specifically exempted by provisions of this section) for electrical, heating and cooling, or plumbing work;

(12)

Replacement of an attic fan, bathroom exhaust fan, range hood exhaust fan or whole house fan;

(13)

Erection or installation of a fence or structural barrier in conformance with zoning requirements and any necessary certificates of appropriateness in a historic district;

(14)

Erection or installation of an aboveground swimming pool thirty (30) inches or less deep and fifteen (15) feet or less at its widest points;

(15)

Erection or installation of a deck where:

a.

No part of the floor is more than thirty (30) inches above finished grade; and

b.

There is compliance with the assessor notification requirements of section 536-215;

(16)

Erection of retaining walls that are not over four (4) feet in height measured from the lowest finished grade to the top of the wall, unless the walls are supporting a surcharge;

(17)

Erection of a structure that spans one hundred twenty (120) square feet or less of base area, is less that fifteen (15) feet in height, is not placed on or attached to a permanent foundation and does not contain an electrical power distribution system, heating system, space heating equipment, cooling system, or space cooling equipment;

(18)

Ordinary maintenance and repair of building equipment where the work does not reduce performance or create additional safety or health risks;

(19)

Installation of a single-phase electric circuit not exceeding sixty (60) amperes at a nominal 120/240 volts that involves the installation, modernization, replacement, service or repair of a heating system, space heating equipment, cooling system, space cooling equipment, a water heater or a food waste disposer for which a building permit has been issued;

(20)

Installation of household appliances such as window air conditioners, refrigerators, refrigerators with automatic icemakers, ranges, microwave ovens, clothes washers, clothes dryers, dishwashers, food waste disposers and trash compactors when such installation does not include the installation of an electrical circuit;

(21)

Replacement in kind of piping in a plumbing system when the replacement piping meets the same performance specifications and has the same capacity as the piping being replaced and not more than twenty (20) percent of all piping in the structure is replaced;

(22)

Replacement of appliances, fixtures, traps and valves in a plumbing system;

(23)

Replacement of a water heater with one (1) that is identical as to venting arrangement and type of fuel or energy input;

(24)

Extension of heating or cooling duct work;

(25)

Placement of a manufactured home not on a permanent foundation in a manufactured home park licensed by the Indiana State Department of Health;

(26)

Initial connection or reconnection of plumbing to a manufactured home not placed on a permanent foundation located in a manufactured home park licensed by the Indiana State Department of Health;

(27)

Erection of real estate signs advertising real estate for sale or for rent in conformance with the size limitations of the zoning ordinance governing signs; or

(28)

Connection, provision or use of temporary electrical power for on-site construction.

(c)

Exemptions for commercial construction. With respect to Class 1 structures, permits specified in subsection (a) shall not be required for:

(1)

Ordinary maintenance and repair of a structure where the work does not reduce performance or create additional safety or health risks as defined in section 536-111(i);

(2)

Installation, maintenance and repair of storm windows and other exterior windows designed and used as protection against severe weather;

(3)

Attachment of window awnings to exterior walls where the awnings project not more than forty-eight (48) inches from any wall;

(4)

Painting, papering and similar finish work;

(5)

Installation of movable cases, counters and partitions not over sixty-nine (69) inches high;

(6)

Erection or installation of temporary motion picture, television and theater stage sets and scenery;

(7)

Installation of thermal insulation;

(8)

Erection or installation of a fence or structural barrier in conformance with zoning requirements and any necessary certificates of appropriateness in a historic district;

(9)

Erection or installation of an aboveground swimming pool thirty (30) inches or less deep and fifteen (15) feet or less at its widest points;

(10)

Erection or installation of platforms not more than thirty (30) inches above grade and not over any basement or story below;

(11)

Installation of water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two (2) to one (1);

(12)

Erection of oil derricks;

(13)

Erection of retaining walls that are not over four (4) feet in height measured from the lowest finished grade to the top of the wall, unless the walls are supporting a surcharge or used as a dike to impound flammable or combustible liquids or products that pose a health or safety risk (e.g., corrosives, oxidizers, poisons);

(14)

Erection of a structure that spans one hundred twenty (120) square feet or less of base area, is less than fifteen (15) feet in height, is not placed on or attached to a permanent foundation and does not contain an electrical power distribution system, heating system, space heating equipment, cooling system, or space cooling equipment;

(15)

Erection of any sign in conformance with zoning requirements;

(16)

Ordinary maintenance and repair of building equipment where the work does not reduce performance or create additional safety or health risks;

(17)

Connection, provisions or use of temporary electrical power for on-site construction;

(18)

Installation of household appliance such as window air conditioners, refrigerators, refrigerators with automatic icemakers, ranges, microwave ovens, clothes washers, clothes dryers, dishwashers, food waste disposers and trash compactors in apartment buildings when such installation does not include the installation of an electrical circuit;

(19)

Replacement in kind of piping in a plumbing system when the replacement piping meets the same performance specifications and has the same capacity as the piping being replaced and not more than twenty (20) percent of the piping in an area occupied by a single tenant in the structure is replaced;

(20)

Replacement of appliances, fixtures, traps and valves in a plumbing system; or

(21)

Replacement of a water heater with one (1) that is identical as to venting arrangement and type of fuel or energy input.

(d)

Preservation districts. Provisions in subsection (b) or (c) that exempt those engaged in certain construction from the obligation to secure a building permit do not affect the possible obligation to secure a certificate of appropriateness for construction either in an historic area designated by the Indianapolis Historic Preservation Commission or in the Meridian Street Preservation District designated by the Indiana Code. While a building permit may not be required, a certificate of appropriateness from the Indianapolis Historic Preservation Commission or the Meridian Street Preservation Commission may be required in such an area.

(e)

Flood control districts. Provisions in subsection (b) or (c) that exempt those engaged in certain construction from the obligation to secure a building permit do not affect the possible obligation to secure a floodplain development permit for construction in the flood control districts as designated by Chapter 742, Article II, of the Code. While a building permit may not be required, a floodplain development permit may be required in such areas.

(G.O. 132, 1995, § 2; G.O. 168, 1999, § 1; G.O. 1, 2002, § 1; G.O. 3, 2009, § 23; G.O. 41, 2016, § 2)