§ 536-202. Eligibility to obtain and apply for a building permit.  


Latest version.
  • (a)

    To obtain a building permit a person, partnership or corporation must meet the requirements of paragraphs (1) through (5) below and must be the person, partnership or corporation that will either actually accomplish, supervise accomplishment or be contractually responsible for accomplishment of the construction allowed by the building permit:

    (1)

    Any person, partnership or corporation that is a listed contractor under Article I of Chapter 875 may:

    a.

    Obtain a building permit to accomplish any construction except work for which Articles II, III or IV of Chapter 875 require licensure or IC 25-28.5-1 requires a state license; or

    b.

    Obtain a master building permit under sections 536-203 or 536-204;

    (2)

    Any person, partnership or corporation licensed under Articles II, III or IV of Chapter 875 may obtain a building permit solely to accomplish construction allowed by the license or type of license held by the person, partnership or corporation;

    (3)

    Any person or corporation registered under Article V of Chapter 875 may obtain a building permit solely to accomplish construction for which state licensure as a plumbing contractor is required;

    (4)

    Any person who is either a registered architect or registered engineer licensed to practice in the State of Indiana may obtain a building permit to accomplish any construction for which a design release is required and has been given by the office of the state building commissioner. Such architect or engineer, however, may not obtain a building permit for work relative to which Articles II, III or IV of Chapter 875 require a license; and

    (5)

    Any person, partnership or corporation that owns, is a contract purchaser or is a long-term lessee of an improved or unimproved parcel of land that the person, partnership or corporation intends to utilize for its own purposes (e.g., permanent business location, place of residence, rental property that the owner is obligated to maintain) may obtain a building permit to accomplish construction on such parcel carried out through direct efforts of:

    a.

    The person;

    b.

    One (1) or more employees of the person, partnership or corporation (including temporary employees hired to do construction work); or

    c.

    Persons who volunteer to work on the construction and who are not compensated for their services.

    Such a person, partnership or corporation may not obtain a building permit to wreck a structure for which Article IV of Chapter 875 requires licensure. Such a person, partnership or corporation may not obtain a building permit for work relative to which IC 25-28.5-1 requires a state license. The requirements of section 875-222 and section 875-321 must be met for such a person, partnership or corporation to obtain a building permit to accomplish construction relative to which Articles II and III of Chapter 875 require licensure. In addition, any person, partnership or corporation that owns, is a contract purchaser or is a long-term lessee of an improved or unimproved parcel of land that the person, partnership or corporation intends to utilize for its own purposes (e.g., permanent business location, place of residence, rental property that the owner is obligated to maintain) may obtain a building permit to allow construction on such parcel to be carried out by one (1) or more listed contractors as long as a single listed contractor is not responsible for all of the construction to be done on the parcel. Such a person, partnership or corporation may not obtain a permit to demolish or remove a structure for which Article IV of Chapter 875 requires licensure. Such a person, partnership or corporation may not obtain a building permit for work relative to which IC 25-28.5-1 requires a state license. The requirements of section 875-222 and section 875-321 must be met for such a person, partnership or corporation to obtain a building permit to accomplish construction relative to which Articles II and III of Chapter 875 require licensure.

    (b)

    Application for a building permit may be made by the person entitled to obtain the permit or by an employee of the person, partnership or corporation entitled to obtain the permit, or by an employee of a company in the business of obtaining permits for persons, partnerships and corporations listed or licensed under provisions of this chapter. The division of construction and business services may require that an employee or agent provide written authority to apply for the permit.

(G.O. 160, 1994, § 1; G.O. 1, 2002, § 1; G.O. 9, 2005, § 2; G.O. 63, 2009, § 23; G.O. 41, 2016, § 2)