Title 36, LOCAL GOVERNMENT

Sec. 7. A majority of the members of a board constitutes a quorum for the transaction of business. The affirmative vote of a majority of the board is necessary for an action to be taken by the board. As added by P.L.223-1991, SEC.1.

Sec. 8. With the approval of the executive of the county affected, an authority may exercise the power of eminent domain under IC 32-24-1. As added by P.L.223-1991, SEC.1. Amended by P.L.2-2002, SEC.117.

Sec. 9. Subject to the terms of the original agreement under section 4 of this chapter, an authority may do the following: (1) Adopt, amend, and repeal bylaws for the conduct of the authority's business. (2) Accept gifts and grants. (3) Enter into contracts. (4) Sue and be sued. …

Sec. 1. The following terms are defined for this chapter: (1) "Direct read instrument" means a carbon monoxide detector that provides a rapid and continuous measurement of the carbon monoxide concentration of ambient air without the need for additional analysis or interpretation.…

Sec. 2. A fire department may provide vehicular carbon monoxide testing to any owner of a motor vehicle. As added by P.L.8-2018, SEC.2.

Sec. 3. Vehicular carbon monoxide testing described in section 2 of this chapter shall be provided to the owner of a motor vehicle without charge. As added by P.L.8-2018, SEC.2.

Sec. 4. A test administrator conducting vehicular carbon monoxide testing for the owner of a motor vehicle shall do the following for each vehicular carbon monoxide test performed: (1) Instruct the owner of the motor vehicle to: (A) park the motor vehicle in an open air location;…

Sec. 5. (a) A test administrator shall generate a written form for each vehicular carbon monoxide test conducted on behalf of the test administrator's fire department. (b) Each form described in subsection (a) must contain entries for the following identifiers: (1) Name of the mo…

Sec. 6. (a) A test administrator's good faith attempt to conduct a vehicular carbon monoxide test consistent with the methodology described in section 4 of this chapter immunizes the test administrator from civil liability and all associated damages, including punitive damages, a…

Sec. 1. This chapter applies to all municipalities that own and operate sewage works under IC 36-9-23. [Pre-Local Government Recodification Citation: 19-2-5.5-1 part.] As added by Acts 1981, P.L.309, SEC.97.

management Sec. 10. A lease under this chapter does not become effective until its provisions for sewage treatment have been found sufficient by the department of environmental management according to rules adopted by the environmental rules board. [Pre-Local Government Recodific…

Sec. 11. (a) A municipality that leases facilities under this chapter may, by ordinance, establish, bill, and collect fees from the property and users in the area served by the leased facilities. The fees must be sufficient to pay the costs of operation, maintenance, repair, alte…

Sec. 12. Facilities leased to a municipality under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of such a lease is subject to all applicable taxes. [Pre-Local Government Recodification Citation: 19-2-5.5-9.]…

Sec. 13. Except as specifically required in this chapter, a municipality acting under this chapter need not comply with other statutes concerning the lease and acquisition of facilities by municipalities. [Pre-Local Government Recodification Citations: 19-2-5.5-10; Acts 1975, P.L…

Sec. 14. A municipality that leases and operates sewage disposal facilities in an area within one (1) mile outside its corporate boundaries is considered to be furnishing sewage and sewer service in that area for purposes of IC 36-4-3-13. [Pre-Local Government Recodification Cita…

Sec. 2. As used in this chapter, "sewage disposal facilities" means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including: (1) certificates of ter…

Sec. 3. (a) A municipality may lease sewage disposal facilities from a sewage disposal company that: (1) holds a certificate of territorial authority under IC 8-1-2-89; and (2) is a corporation organized under Indiana law for the purpose of acquiring, constructing, and leasing se…

Sec. 4. The term of a lease under this chapter may not exceed fifty (50) years. However, the lease must provide that the municipality has an option to renew the lease for a further term on similar conditions. [Pre-Local Government Recodification Citation: 19-2-5.5-3 part.] As add…

Sec. 5. (a) A lease under this chapter must provide that the municipality has an option to purchase the property covered by the lease, under the terms and conditions specified in the lease. (b) If the municipality exercises the option to purchase, it may obtain money to pay the p…

Sec. 6. (a) A lease under this chapter may provide that: (1) as part of the lease rental for the facilities, the municipality shall agree to: (A) pay all property taxes and assessments levied against or on account of the facilities; and (B) maintain insurance on the facilities fo…

Sec. 7. (a) When a municipality and a lessor agree on the terms and conditions of a lease proposed to be entered into under this chapter, notice of a hearing to be held before the municipal legislative body shall be given to all interested persons by publication in accordance wit…

Sec. 8. (a) When a municipal legislative body authorizes the execution of a lease under section 7 of this chapter, notice of the signing of the contract shall be given by publication in the manner prescribed by section 7 of this chapter. Within thirty (30) days after publication …

Sec. 9. An action to contest the validity of a lease under this chapter, or to enjoin the performance of any of the terms and conditions of such a lease, may not be instituted later than: (1) thirty (30) days after publication of notice under section 8(a) of this chapter; or (2) …

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) subm…

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.1…

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

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

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…

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.

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.

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 dat…

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, S…

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; …

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 perfo…

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.

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 (…

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…

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 comp…

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 t…

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 fail…

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.

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 car…

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 co…

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.

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 o…

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.