Request to have structure declared high hazard; notice

Sec. 16. (a) A property owner, the owner's representative, or an individual who resides downstream from a structure: (1) over which the department does not have jurisdiction under this chapter; and (2) that the property owner, the owner's representative, or the individual believes would cause a loss of life or serious damage to the person's home, industrial or commercial building, public utility, major highway, or railroad if the structure fails; may request in writing that the department declare the structure a high hazard structure. (b) If the department receives a request under subsection (a), the department shall: (1) investigate the structure and the area downstream from the structure; (2) notify the owner of the structure that the structure is being investigated; (3) review written statements and technical documentation from any interested party; and (4) after considering the available information, determine whether or not the structure is a high hazard structure. (c) The department shall issue a written notice of the department's determination under subsection (b) to: (1) the individual who requested the determination; and (2) the owner of the structure that is the subject of the request. (d) Either: (1) the individual who requested a determination; or (2) the owner of the structure that is the subject of the request; may request an administrative review under IC 4-21.5-3-6 within thirty (30) days after receipt of the written determination. (e) If the department determines that a structure is a high hazard structure under subsection (b), the provisions of this chapter concerning high hazard structures apply to the structure. As added by P.L.71-2004, SEC.16. Amended by P.L.129-2022, SEC.6.