IC 22-13-5-4 (Version b): Published interpretation binding on all counties and municipalities

Sec. 4. (a) A written interpretation of a building law or fire safety law binds all counties and municipalities if the state building commissioner publishes the written interpretation of the building law or fire safety law in the Indiana Register under IC 4-22-7-7(b). For purposes of IC 4-22-7-7, a written interpretation of a building law or fire safety law published by the state building commissioner is considered adopted by an agency.

(b) A written interpretation of a building law or fire safety law published under subsection (a) binds all counties and municipalities until the earlier of the following:

(1) The general assembly enacts a statute that substantively changes the building law or fire safety law interpreted or voids the written interpretation.

(2) The department adopts a rule under IC 4-22-2 to state a different interpretation of the building law or fire safety law.

(3) The written interpretation is found to be an erroneous interpretation of the building law or fire safety law in a judicial proceeding.

(4) The state building commissioner publishes a different written interpretation of the building law or fire safety law.

(c) The department or the state building commissioner shall create an electronic data base for the purpose of cataloging all available variance rulings by the department for the purpose of making the information available to the public on the website of the department or the state building commissioner.