Ind. Code ch. 36-7-2.5

in effect

Ind. Code § 36-7-2.5-1 Applicability

Sec. 1. This chapter only applies to a unit that requires for a Class 2 structure: (1) issuance of a permit; (2) submission of construction documents or plans; (3) performance of a plan review; (4) performance of an inspection; (5) issuance of a certificate of occupancy; (6) submission of a certificate of completion and compliance; or (7) any combination of the actions in subdivisions (1) through (6). As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-2 "Applicant"

Sec. 2. As used in this chapter, "applicant" means a person who applies for a permit. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-3 "Application"

Sec. 3. As used in this chapter, "application" means an application for a permit to conduct construction related activities involving a Class 2 structure. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-4 "Certified building official"

Sec. 4. As used in this chapter, "certified building official" means a person certified by the International Code Council as qualified to inspect and determine compliance of a Class 2 structure with the Indiana residential code (675 IAC 14). As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-5 "Class 2 structure"

Sec. 5. As used in this chapter, "Class 2 structure" has the meaning set forth in IC 22-12-1-5. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-6 "Construction documents or plans"

Sec. 6. As used in this chapter, "construction documents or plans" means written, graphic, and pictorial documents prepared or assembled for describing the design, location, and physical characteristics of the elements of a project necessary for obtaining a building permit. The term includes construction drawings drawn to an appropriate scale. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-7 "Local requirements"

Sec. 7. As used in this chapter, "local requirements" means any local regulatory requirements imposed by a unit for approval of an application, including any requirements of: (1) state building codes; (2) local ordinances, zoning ordinances, and design standards; and (3) other applicable state and local laws, regulations, and ordinances. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-8 "Permit"

Sec. 8. As used in this chapter, "permit" means the following: (1) An improvement location permit. (2) A building permit. (3) A certificate of occupancy. (4) A certificate of completion and compliance. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-9 "Private provider"

Sec. 9. As used in this chapter, "private provider" means a person who: (1) is: (A) an architect registered under IC 25-4-1; (B) a professional engineer registered under IC 25-31-1; or (C) a certified building official; (2) is not: (A) an employee of; (B) affiliated with; or (C) financially interested in; the person, firm, or corporation engaged in the project to be reviewed or inspected; and (3) is not an employee of a unit. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-10 "Regulatory fee"

Sec. 10. As used in this chapter, "regulatory fee" means a payment: (1) designated as a permit fee, application fee, inspection fee, impact fee, or by another name; and (2) that a unit requires in regulating construction related activities of Class 2 structures. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-11 "Unit"

Sec. 11. As used in this chapter, "unit" means a county, city, or town. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-12 Compliance with chapter

Sec. 12. A unit must comply with this chapter in issuing a permit. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-13 Schedule of application requirements

Sec. 13. A unit shall provide an applicant with a schedule of the requirements for applying for and obtaining a permit, including the following: (1) A list of any plan reviews or inspections that are required by the unit. The schedule must state that an applicant: (A) may use: (i) the unit to conduct any plan review or inspection; or (ii) a private provider to conduct any plan review or inspection; and (B) must indicate on the application whether the applicant will use a private provider. (2) The timeline set forth in this chapter for notifications and submission of documents. (3) Any regulatory fees charged by the unit. (4) All of the requirements for a complete application. The schedule must specify any documents that must accompany the application, including any prior approvals or permits for: (A) zoning; (B) drainage; (C) sewer or septic; (D) wells; (E) driveways; or (F) flood control; that the applicant must obtain before applying for the permit. (5) If a private provider is used to conduct a plan review or inspection, a copy of the private provider's certificate of insurance indicating that the private provider satisfies the coverage amounts set forth in section 26 of this chapter. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-14 Complete application

Sec. 14. An application is complete if the application includes the information and supporting documents set forth in the unit's schedule under section 13 of this chapter. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-15 Electronic notices

Sec. 15. Except as provided in section 16 of this chapter, a unit shall deliver all notices under this chapter in an electronic format that provides for verification or acknowledgment of receipt of the notice. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-16 Notice of completeness or incompleteness of application

Sec. 16. (a) This subsection applies only to the notice provided by the unit under this section. If the unit transmits a notice to the applicant and does not receive an electronic verification or acknowledgment of receipt of the notice within three business (3) days after the date the notice is transmitted, the unit shall send the applicant a paper copy of the notice on the next business day by United States mail. (b) The unit has not more than three (3) business days after receiving an application to notify the applicant regarding whether the application is complete or incomplete. (c) If the applicant is notified that the application is incomplete: (1) the unit must identify in the notice any deficiencies in the application; (2) the applicant may submit application revisions in an electronic or paper format; and (3) the unit has three (3) business days after receiving the revisions to notify the applicant whether the application is complete or incomplete. (d) If the applicant: (1) submits revisions to the application; and (2) is notified by the unit: (A) that the application is still incomplete; and (B) of the application's deficiencies; the process of the applicant submitting revisions and the unit providing notification as to the completeness of the application within the time set forth in subsection (b) applies until the unit notifies the applicant that the application is complete. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-17 Time period for unit to conduct plan review

Sec. 17. If: (1) the unit notifies an applicant in writing that the application is complete; and (2) a plan review is required by the unit; the unit must complete the plan review not more than seven (7) business days after the date that notice is sent. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-18 Unit's notice of whether timely completion of plan review or inspection possible

Sec. 18. A unit must include in the notification of complete application under section 17 of this chapter a statement as to whether the unit is able to conduct: (1) a plan review (if required by the unit) not later than seven (7) business days after the date that notice is sent; and (2) inspection services not later than three (3) business days after receiving a written request for inspection. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-19 Applicant may use private provider

Sec. 19. An applicant may use a private provider to perform a plan review, an inspection, or both, regardless of whether the unit is able to conduct the activity or activities within the time set forth in section 18 of this chapter. The cost of any plan review or inspection performed by a private provider is at the applicant's own expense. The unit may also charge the applicant a convenience fee as provided in section 20 of this chapter. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-20 Use of private provider because unit unable to timely complete plan review or inspection; refund of fees

Sec. 20. If: (1) an applicant indicates on the application that the unit will perform the plan review or inspection; (2) the unit notifies the applicant under section 18 of this chapter that the unit is unable to perform a plan review or inspection within the time required; and (3) the applicant elects instead to use a private provider to perform the plan review or inspection; the unit shall refund any fees the applicant paid to the unit for a plan review or inspection. However, the unit may withhold from the refund or charge the applicant a convenience fee of not more than one hundred dollars ($100). As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-21 Failure to timely complete plan review; permit issued

Sec. 21. If a unit: (1) notifies the applicant that a plan review can be performed within: (A) the time set forth in section 18 of this chapter; or (B) any extension period mutually agreed to by the applicant and the unit; and (2) fails to complete the plan review within the time stated in subdivision (1); the unit shall issue a permit or a limited permit under section 22 of this chapter to the applicant not later than the next business day. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-22 Limited permit

Sec. 22. The unit may limit: (1) the scope of a permit issued under section 21 of this chapter; and (2) the areas of the site to which a permit may apply. However, the unit shall allow the applicant to begin work on the project if that portion of the initial phase of work is compliant with applicable codes, laws, and rules. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-23 Delay not caused by unit

Sec. 23. This section does not apply if the applicant uses a private provider to perform the plan review. Any delay in the processing of an application: (1) attributable to a cause outside the control of the unit; or (2) through the fault of the applicant; does not count toward the time set forth in section 18 of this chapter. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-23.5 Failure of unit to meet deadline

Sec. 23.5. (a) If a unit fails to meet the deadlines set forth in this chapter, the unit shall: (1) forfeit any regulatory fee owed by the applicant; and (2) refund any regulatory fee that has been paid by the applicant; to the unit. (b) This section does not apply if a unit fails to meet a deadline set forth in this chapter as a result of a delay described in section 23 of this chapter. As added by P.L.73-2026, SEC.18.

Ind. Code § 36-7-2.5-24 Sufficiency of plan review of private provider

Sec. 24. A private provider must conduct a plan review or an inspection that is at least as extensive as a plan review or inspection conducted by the unit. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-25 Affidavit upon completion of plan review

Sec. 25. Upon completing a plan review, a private provider shall prepare an affidavit certifying under oath that all of the following are true and correct to the best of the private provider's knowledge and belief and in accordance with the applicable professional standard of care: (1) The plans were reviewed by the affiant who: (A) is duly authorized to perform plan review under this chapter; and (B) holds the: (i) appropriate registration or certification; and (ii) insurance coverage stipulated in this chapter. (2) The plans comply with all applicable local requirements. (3) The plans submitted for plan review: (A) are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process; and (B) do not make a change to the project reviewed for the approvals. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-26 Professional liability coverage required

Sec. 26. (a) A private provider providing plan review or inspection services must maintain insurance coverage for professional liability insurance of at least: (1) one million dollars ($1,000,000) per claim; and (2) two million dollars ($2,000,000) of aggregate coverage. (b) A complete application must include a copy of the private provider's certificate of insurance indicating the coverage amounts set forth in subsection (a). As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-27 Prior acts coverage required

Sec. 27. A private provider's insurance must be a practice policy containing prior acts coverage for the private provider. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-28 Services a private provider may perform

Sec. 28. (a) Subject to subsection (b), a private provider may perform any plan review or inspection required by the unit, including: (1) inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating, ventilation, and air conditioning; or (2) any other inspection necessary or required: (A) to determine compliance with regulatory requirements; and (B) for the issuance of a: (i) building permit; or (ii) certificate of occupancy; by the unit. (b) A private provider may perform a plan review or inspection that is only: (1) within the scope of the private provider's area of competency; and (2) if the private provider is a certified building official, within an area for which the certified building official has been issued a certification, license, or completion of training. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-29 Private provider may not issue permit

Sec. 29. Nothing in this chapter authorizes a private provider to issue a building permit, improvement permit, certificate of occupancy, or any other permit or approval. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-30 Plan review report

Sec. 30. (a) A private provider shall submit a copy of the private provider's plan review report to the unit not later than five (5) days after the plan review report is completed. The plan review report may be submitted in a paper format or an electronic format. (b) A plan review report must include at least the following: (1) The private provider's affidavit required under section 25 of this chapter. (2) Any applicable fees. (3) Any documents: (A) required by the unit; and (B) necessary to determine that the permit applicant has secured all other governmental approvals required by law. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-31 Permit issued upon receipt of complete plan review report

Sec. 31. The unit shall issue a permit not later than the next business day after receiving a complete plan review report from the private provider. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-32 Unit must accept private provider's complete plan review report

Sec. 32. When a private provider submits a complete inspection report is submitted to the unit, the unit shall accept the private provider's inspection report without further inspection or approval by: (1) the inspectors; or (2) other personnel employed by the unit. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-33 Consumer legal action not barred

Sec. 33. Nothing in this chapter shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-34 Immunity of unit and agents

Sec. 34. The unit and agents of the unit shall be immune from liability: (1) to any person or party; and (2) for any action or inaction by: (A) an owner of a building; or (B) a private provider or a private provider's duly authorized representative; in connection with plan review and inspection services performed by private providers. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-35 More stringent rules, policies, or standards prohibited

Sec. 35. (a) A unit may not adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this chapter. (b) A unit may not require a design professional (as defined in IC 22-15-3.2-3) to prepare construction documents, plans, or other filings for a Class 2 structure as part of an application under this chapter when constructed as prescribed by 675 IAC 14-4.4 or a most recent published edition of the International Residential Code. (c) A unit may require a design professional (as defined in IC 22-15-3.2-3) to prepare construction documents, plans, or other filings for a Class 2 structure as evidence or proof of equivalence of proposed alternate materials, appliances, equipment, or method of design or construction and once provided shall be permitted by the unit as an alternate. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-36 Stop work orders

Sec. 36. Nothing in this chapter limits a unit from issuing a stop work order for a building project or any portion of a building project: (1) that may be effective immediately as provided by law, after giving notice and adequate opportunity to remedy the violation; and (2) if the unit determines that a condition on the building site constitutes an immediate threat to public safety and welfare. A stop work order issued for reasons of immediate threat to public safety and welfare may be appealed as provided by law. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-37 Private providers subject to professional licensing board discipline in performing plan reviews or inspections

Sec. 37. When performing plan reviews or inspection services, a private provider is subject to the disciplinary guidelines of the private provider's professional licensing board. Any complaint processing, investigation, and discipline arising out of a private provider's performance of plan reviews or inspection services shall be conducted by the private provider's professional licensing board. As added by P.L.146-2025, SEC.4.

Ind. Code § 36-7-2.5-38 Conflict with federal law or impairment of receipt of federal funds

Sec. 38. To the extent that a provision of this chapter conflicts with requirements of federal laws or regulations, or impairs a unit's receipt of federal funds, the provision shall not apply. As added by P.L.146-2025, SEC.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026