Ind. Code ch. 16-19-3.5

in effect

Ind. Code § 16-19-3.5-1 "Applicant"

Sec. 1. As used in this chapter, "applicant" means a person that applies for a construction permit under this chapter. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-2 "Application"

Sec. 2. As used in this chapter, "application" means an application for a construction permit and any supporting plans and specifications. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-2.5 "Department"

Sec. 2.5. As used in this chapter, "department" refers to the department of homeland security established under IC 10-19-2-1. As added by P.L.187-2021, SEC.50.

Ind. Code § 16-19-3.5-3 Repealed

As added by P.L.49-2016, SEC.1. Repealed by P.L.187-2021, SEC.51.

Ind. Code § 16-19-3.5-3.5 "Nonresidential onsite sewage system"

Sec. 3.5. (a) As used in this chapter, "nonresidential onsite sewage system" means all equipment and devices necessary for proper conduction, collection, storage, treatment, and onsite disposal of sewage from a building other than a single family or two-family dwelling. (b) The term includes all building sewers, grease traps, septic tanks, dosing tanks, absorption fields, perimeter drains, vault privies, and temporary sewage holding tanks serving one (1) of the following: (1) An apartment building. (2) A church or other place of worship. (3) A commercial establishment. (4) A condominium. (5) A medical facility. (6) A motel. (7) An office building. (8) A restaurant. (9) A school. As added by P.L.163-2017, SEC.2.

Ind. Code § 16-19-3.5-4 "Plan review"

Sec. 4. As used in this chapter, "plan review" means a review of plans for construction, modification, or installation of a project to determine if the plans comply with the state department's rules. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-5 "Project"

Sec. 5. As used in this chapter, "project" means a project: (1) that involves an improvement to real property; and (2) for which a construction permit is required to be obtained from the state department before the start of construction, installation, or modification of improvements to the real property. The term includes only a project for the construction of a nonresidential onsite sewage system, an agricultural labor camp, a mobile home community, a youth camp, or a campground. As added by P.L.49-2016, SEC.1. Amended by P.L.163-2017, SEC.3.

Ind. Code § 16-19-3.5-6 Means of notice

Sec. 6. The state department shall provide notice under this chapter by: (1) first class mail; or (2) electronic mail. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-7 Applications for construction permits and design releases

Sec. 7. The state department shall accept an application for a construction permit that is submitted by an applicant by either of the following methods: (1) The applicant may submit an application to the department that is a combined application for: (A) a construction permit under this chapter; and (B) a design release under IC 22-15-3. (2) The applicant may submit separate applications for: (A) a construction permit to the state department; and (B) a design release under IC 22-15-3 to the department. Not later than the next business day, the department shall provide a copy of the application submitted under subdivision (1) to the state department to initiate processing of the construction permit under this chapter. As added by P.L.49-2016, SEC.1. Amended by P.L.187-2021, SEC.52.

Ind. Code § 16-19-3.5-8 Notice upon receipt of application

Sec. 8. (a) Upon receiving a complete application for a construction permit, the state department shall notify the applicant not later than the next business day of all the following: (1) The assigned project number. (2) Instructions on submitting any required documentation. (3) The contact information for the person performing the plan review, including any person, entity, or local health department that is delegated a plan review as provided in section 12 of this chapter. (b) Not later than thirty (30) business days after the date a complete application is received by the state department, the state department shall: (1) conduct a plan review; and (2) notify the applicant that: (A) the plans and specifications have been approved; or (B) a construction permit will not be issued until the applicant submits corrections to the plans or specifications. If the plans and specifications are approved, the state department shall issue the construction permit to the applicant not later than the thirty-first business day after the application is received. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-9 Deadlines for state department to provide notice upon receiving application

Sec. 9. If the state department does not notify an applicant under section 8 of this chapter within thirty (30) business days after the application is received: (1) the application is approved as submitted; and (2) the state department shall, not later than the thirty-first business day after the date the application is received, provide the construction permit to the applicant. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-10 State department deadlines upon receiving corrections

Sec. 10. (a) If the state department receives corrections to a plan in response to a notice sent under section 8(b)(2)(B) of this chapter, and any time the state department receives corrections to a notice under subdivision (2) thereafter, the state department shall do one (1) of the following: (1) Not later than ten (10) business days, or fifteen (15) business days if agreed upon by the applicant and the state department, after receiving the corrections, send notice to the applicant that the corrected plans as submitted have been approved for a construction permit. The state department shall, not later than the next business day after the date that notice is sent to the applicant, provide the applicant with a construction permit. (2) Not later than ten (10) business days, or fifteen (15) business days if agreed upon by the applicant and the state department, after receiving the corrections, send notice to the applicant that a construction permit will not be issued until the applicant submits additional corrections. However, if the applicant does not receive the notice within the period specified in this subdivision: (A) the application is approved as submitted; and (B) the state department shall, not later than the eleventh or sixteenth business day after the date that the corrections were received by the state department, whichever is applicable, provide the applicant with a construction permit. (b) A review under this section is limited to: (1) the corrections required by the state department under the notice sent under section 8(b)(2)(B) of this chapter or subsection (a)(2); and (2) any revisions made to the plan that have not been reviewed, regardless of whether those revisions were requested under section 8(b)(2)(B) of this chapter or subsection (a)(2). All other parts of a project not directly related to corrections or revisions described in subdivision (1) or (2), including previously completed corrections or revisions that the state department has already accepted, are considered approved for a construction permit and may not be included in subsequent notice requests sent under this section. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-11 Denial due to noncompliance with building or fire safety rule prohibited

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 11. The state department may not deny a construction permit based upon noncompliance or suspected noncompliance with a rule adopted under the authority of the fire prevention and building safety commission established by IC 22-12-2-1. As added by P.L.49-2016, SEC.1.

Ind. Code § 16-19-3.5-11 Denial due to noncompliance with building or fire safety rule prohibited

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 11. The state department may not deny a construction permit based upon noncompliance or suspected noncompliance with a rule adopted under the authority of the department of homeland security. As added by P.L.49-2016, SEC.1. Amended by P.L.152-2026, SEC.218.

Ind. Code § 16-19-3.5-12 Delegation of state department plan review responsibilities

Sec. 12. (a) The state department may: (1) contract with a person to perform the state department's plan review responsibilities under this chapter; or (2) refer the plan review to a local health department. (b) A person, entity, or local health department under subsection (a) that performs a plan review delegated by the state department under this chapter is subject to this chapter to the same extent as the state department. If the person, entity, or local health department fails to meet the required plan review and notification deadlines under this chapter, the state department shall approve the application as submitted and issue the applicant a construction permit. As added by P.L.49-2016, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026