Sec. 5. (a) This section does not apply to either of the following adopted by a unit:

(1) The unit’s architectural design standards.

Terms Used In Indiana Code 22-12-2.5-5

  • building code: includes the standards relating to a building code. See Indiana Code 22-12-2.5-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) The unit’s zoning ordinances.

     (b) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance concerning construction and remodeling that:

(1) conflicts with this chapter or a code adopted under this chapter; or

(2) includes more stringent or detailed requirements than those set forth in this chapter or a code adopted under this chapter.

If a building code or standard within the jurisdiction of the commission is silent on equipment or a regulation, a unit may petition the commission for consideration and a determination.

As added by P.L.155-2023, SEC.6.