| Old | New | Differences | |
|---|---|---|---|
| 1 | + | *EH1315.1* | |
| 2 | + | March 28, 2023 | |
| 3 | + | ENGROSSED | |
| 4 | + | HOUSE BILL No. 1315 | |
| 5 | + | _____ | |
| 6 | + | DIGEST OF HB 1315 (Updated March 27, 2023 11:00 am - DI 87) | |
| 7 | + | Citations Affected: IC 16-41; IC 32-27; IC 36-7. | |
| 8 | + | Synopsis: Home warranties and regulation of residential structures. | |
| 9 | + | Allows a builder to disclaim implied warranties for a new home that is | |
| 10 | + | first occupied by a person renting the home as a residence from the | |
| 11 | + | initial home buyer. Allows a builder to disclaim implied warranties on | |
| 12 | + | a model home in the same manner as a home that is first occupied as | |
| 13 | + | a residence. Prohibits regulation of a mobile home, a manufactured | |
| 14 | + | home, or an industrialized residential structure on private property | |
| 15 | + | (other than within a mobile home community) based on age. Allows the | |
| 16 | + | owner of a legal, nonconforming residential structure on private | |
| 17 | + | property that is damaged or destroyed to replace or repair the structure | |
| 18 | + | without losing legal nonconforming use status as long as the structure | |
| 19 | + | (Continued next page) | |
| 20 | + | Effective: July 1, 2023. | |
| 21 | + | Miller D, Teshka, May, Moed | |
| 22 | + | (SENATE SPONSORS — BALDWIN, ROGERS) | |
| 23 | + | January 12, 2023, read first time and referred to Committee on Local Government. | |
| 24 | + | January 24, 2023, reported — Do Pass. | |
| 25 | + | January 30, 2023, read second time, ordered engrossed. | |
| 26 | + | January 31, 2023, engrossed. Read third time, passed. Yeas 97, nays 0. | |
| 27 | + | SENATE ACTION | |
| 28 | + | February 23, 2023, read first time and referred to Committee on Local Government. | |
| 29 | + | March 27, 2023, amended, reported favorably — Do Pass. | |
| 30 | + | EH 1315—LS 6903/DI 87 Digest Continued | |
| 31 | + | continues to be used for residential purposes. Provides that a | |
| 32 | + | comprehensive plan and ordinance in a county (other than Marion | |
| 33 | + | County) may not preclude the installation of manufactured homes that | |
| 34 | + | exceed a certain width (in addition to a certain square footage) as | |
| 35 | + | permanent residences on a lot on which any other type of dwelling unit | |
| 36 | + | may be placed. Provides that after June 30, 2023, a mobile home, a | |
| 37 | + | manufactured home, or an industrialized residential structure is not | |
| 38 | + | considered a new home or model home subject to the provisions | |
| 39 | + | concerning home warranties. Prohibits a county, city, or town from | |
| 40 | + | exercising its planning and zoning authority in a way that differentiates | |
| 41 | + | between fraternity and sorority houses on the sole basis of whether the | |
| 42 | + | fraternity or sorority is officially approved or recognized by the college | |
| 43 | + | or university. | |
| 44 | + | EH 1315—LS 6903/DI 87EH 1315—LS 6903/DI 87 March 28, 2023 | |
| 1 | 45 | First Regular Session of the 123rd General Assembly (2023) | |
| 2 | 46 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
| 3 | 47 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
| 4 | 48 | additions will appear in this style type, and deletions will appear in this style type. | |
| 5 | 49 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
| 6 | 50 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
| 7 | 51 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
| 8 | 52 | a new provision to the Indiana Code or the Indiana Constitution. | |
| 9 | 53 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
| 10 | 54 | between statutes enacted by the 2022 Regular Session of the General Assembly. | |
| 11 | - | HOUSE ENROLLED ACT No. 1315 | |
| 12 | - | AN ACT to amend the Indiana Code concerning property. | |
| 55 | + | ENGROSSED | |
| 56 | + | HOUSE BILL No. 1315 | |
| 57 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
| 58 | + | property. | |
| 13 | 59 | Be it enacted by the General Assembly of the State of Indiana: | |
| 14 | - | SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.53-2022, | |
| 60 | + | 1 SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.53-2022, | |
| 61 | + | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 62 | + | 3 JULY 1, 2023]: Sec. 32. (a) As used in this section, "regulation" refers | |
| 63 | + | 4 to any: | |
| 64 | + | 5 (1) ordinance, including any: | |
| 65 | + | 6 (A) zoning or land use ordinance; or | |
| 66 | + | 7 (B) general or specific planning ordinance; | |
| 67 | + | 8 (2) regulation, including any: | |
| 68 | + | 9 (A) zoning or land use regulation; or | |
| 69 | + | 10 (B) general or specific planning regulation; | |
| 70 | + | 11 (3) requirement; or | |
| 71 | + | 12 (4) restriction; | |
| 72 | + | 13 that is adopted or imposed by a unit (as defined in IC 36-1-2-23). | |
| 73 | + | 14 (b) A governmental body other than the state department of health | |
| 74 | + | 15 may not license or regulate mobile home communities, except for the | |
| 75 | + | 16 following: | |
| 76 | + | 17 (1) Local boards may enforce the standards of health and | |
| 77 | + | EH 1315—LS 6903/DI 87 2 | |
| 78 | + | 1 sanitation prescribed for mobile homes, manufactured homes, | |
| 79 | + | 2 industrialized residential structures, and mobile home | |
| 80 | + | 3 communities by the state department. | |
| 81 | + | (2) Subject to IC 36-7-2-12, 4 IC 36-7-4-1019, IC 36-7-4-1106, | |
| 82 | + | 5 and subsections (d) and (f), county and municipal authorities | |
| 83 | + | 6 within their respective jurisdictions have jurisdiction regarding | |
| 84 | + | 7 zoning and building codes and ordinances pertaining to mobile | |
| 85 | + | 8 home communities. | |
| 86 | + | 9 (3) Local boards may regulate the construction and operation of | |
| 87 | + | 10 groups of a combined total of not more than four (4) mobile | |
| 88 | + | 11 homes, manufactured homes, and industrialized residential | |
| 89 | + | 12 structures in accordance with standards that are compatible with | |
| 90 | + | 13 standards set by the state department for mobile home | |
| 91 | + | 14 communities. | |
| 92 | + | 15 (c) A governmental body other than the state department of health | |
| 93 | + | 16 may not regulate mobile homes, manufactured homes, or industrialized | |
| 94 | + | 17 residential structures regarding habitability or minimum housing | |
| 95 | + | 18 conditions unless the regulation is applicable in the same manner to | |
| 96 | + | 19 other forms of residential housing in the jurisdiction. | |
| 97 | + | 20 (d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), | |
| 98 | + | 21 and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a | |
| 99 | + | 22 governmental body may not regulate or restrict, by regulation or | |
| 100 | + | 23 otherwise, the installation, use, occupancy, movement, renovation, | |
| 101 | + | 24 relocation, or replacement of a mobile home, a manufactured home, or | |
| 102 | + | 25 an industrialized residential structure within a mobile home community | |
| 103 | + | 26 based upon the age or size of the mobile home, manufactured home, or | |
| 104 | + | 27 industrialized residential structure or other private property based | |
| 105 | + | 28 upon the age of the mobile home, manufactured home, or | |
| 106 | + | 29 industrialized residential structure regardless of whether: | |
| 107 | + | 30 (1) the mobile home, manufactured home, or industrialized | |
| 108 | + | 31 residential structure; within a mobile home community; | |
| 109 | + | 32 (2) the lot or site, or any part of the lot or site, within a mobile | |
| 110 | + | 33 home community, on which the mobile home, manufactured | |
| 111 | + | 34 home, or industrialized residential structure is located or installed, | |
| 112 | + | 35 or will be located or installed; or | |
| 113 | + | 36 (3) the mobile home community or any part of the mobile home | |
| 114 | + | community, 37 or other private property, in whole or in part, in | |
| 115 | + | 38 which the mobile home, manufactured home, or industrialized | |
| 116 | + | 39 residential structure is located or installed, or will be located or | |
| 117 | + | 40 installed; | |
| 118 | + | 41 constitutes a conforming structure or use, or a legal, nonconforming | |
| 119 | + | 42 structure or use. | |
| 120 | + | EH 1315—LS 6903/DI 87 3 | |
| 121 | + | 1 (e) A government body may not regulate or restrict the ability of a: | |
| 122 | + | 2 (1) mobile home community: | |
| 123 | + | 3 (A) owner; or | |
| 124 | + | 4 (B) manager; or | |
| 125 | + | 5 (2) manufactured home community: | |
| 126 | + | 6 (A) owner; or | |
| 127 | + | 7 (B) manager; | |
| 128 | + | 8 to obtain a dealer's license or to sell a mobile home, manufactured | |
| 129 | + | 9 home, or industrialized residential structure located within the owner's | |
| 130 | + | 10 or manager's mobile home community or manufactured housing | |
| 131 | + | 11 community. | |
| 132 | + | 12 (f) Except as provided under IC 36-7-4-1106(d), | |
| 133 | + | 13 IC 36-7-4-1106(e), and IC 36-7-4-1106(f) and unless required under | |
| 134 | + | 14 IC 36-7-2-9, after March 14, 2022: | |
| 135 | + | 15 (1) a unit may not: | |
| 136 | + | 16 (A) adopt or impose a regulation that violates, or that includes | |
| 137 | + | 17 a provision that violates, subsection (d); | |
| 138 | + | 18 (B) amend a regulation so that the regulation, after its | |
| 139 | + | 19 amendment, includes a provision that violates subsection (d), | |
| 140 | + | 20 regardless of when the regulation was originally adopted or | |
| 141 | + | 21 imposed; or | |
| 142 | + | 22 (C) enforce a provision in a regulation adopted or imposed by | |
| 143 | + | 23 the unit if the provision violates subsection (d), regardless of | |
| 144 | + | 24 when the regulation or provision was originally adopted or | |
| 145 | + | 25 imposed; and | |
| 146 | + | 26 (2) any provision that: | |
| 147 | + | 27 (A) is included in a regulation adopted or imposed by a unit; | |
| 148 | + | 28 and | |
| 149 | + | 29 (B) violates subsection (d); | |
| 150 | + | 30 is void and unenforceable regardless of when the regulation or | |
| 151 | + | 31 provision was originally adopted or imposed. | |
| 152 | + | 32 SECTION 2. IC 32-27-2-1 IS AMENDED TO READ AS | |
| 153 | + | 33 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. The warranties | |
| 154 | + | 34 defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their | |
| 155 | + | 35 repeal) become effective on the warranty date attributed to a new home | |
| 156 | + | 36 or model home. | |
| 157 | + | 37 SECTION 3. IC 32-27-2-2 IS AMENDED TO READ AS | |
| 158 | + | 38 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. As used in this | |
| 159 | + | 39 chapter, "initial home buyer" means a person who: | |
| 160 | + | 40 (1) executes a contract with a builder to buy a new home; and | |
| 161 | + | 41 who: | |
| 162 | + | 42 (2) either: | |
| 163 | + | EH 1315—LS 6903/DI 87 4 | |
| 164 | + | 1 (1) (A) occupies the new home as: | |
| 165 | + | 2 (i) its the home's first occupant; and (2) occupies the new | |
| 166 | + | 3 home as | |
| 167 | + | 4 (ii) a residence; or | |
| 168 | + | 5 (B) rents the new home to an individual who occupies the | |
| 169 | + | 6 new home as: | |
| 170 | + | 7 (i) the home's first occupant; and | |
| 171 | + | 8 (ii) a residence. | |
| 172 | + | 9 SECTION 4. IC 32-27-2-3 IS AMENDED TO READ AS | |
| 173 | + | 10 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this | |
| 174 | + | 11 chapter, "major structural defect" means actual damage to the load | |
| 175 | + | 12 bearing part of a new home or model home, including actual damage | |
| 176 | + | 13 due to: | |
| 177 | + | 14 (1) subsidence; | |
| 178 | + | 15 (2) expansion; or | |
| 179 | + | 16 (3) lateral movement; | |
| 180 | + | 17 of the soil affecting the load bearing function, unless the subsidence, | |
| 181 | + | 18 expansion, or lateral movement of the soil is caused by flood, | |
| 182 | + | 19 earthquake, or some other natural disaster. | |
| 183 | + | 20 SECTION 5. IC 32-27-2-3.5 IS ADDED TO THE INDIANA CODE | |
| 184 | + | 21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
| 185 | + | 22 1, 2023]: Sec. 3.5. (a) As used in this chapter, "model home" means | |
| 186 | + | 23 a new dwelling that is used for the first time after construction as: | |
| 187 | + | 24 (1) a model; | |
| 188 | + | 25 (2) a sales office; | |
| 189 | + | 26 (3) a design center; or | |
| 190 | + | 27 (4) any combination of subdivisions (1) through (3). | |
| 191 | + | 28 (b) After June 30, 2023, the term does not include a mobile | |
| 192 | + | 29 home, a manufactured home, or an industrialized residential | |
| 193 | + | 30 structure. | |
| 194 | + | 31 SECTION 6. IC 32-27-2-4 IS AMENDED TO READ AS | |
| 195 | + | 32 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) As used in this | |
| 196 | + | 33 chapter, "new home" means a new dwelling occupied for the first time | |
| 197 | + | 34 as a residence after construction. | |
| 198 | + | 35 (b) The term does not include: | |
| 199 | + | 36 (1) a detached garage; | |
| 200 | + | 37 (2) a driveway; | |
| 201 | + | 38 (3) a walkway; | |
| 202 | + | 39 (4) a patio; | |
| 203 | + | 40 (5) a boundary wall; | |
| 204 | + | 41 (6) a retaining wall not necessary for the structural stability of the | |
| 205 | + | 42 new home; | |
| 206 | + | EH 1315—LS 6903/DI 87 5 | |
| 207 | + | 1 (7) landscaping; | |
| 208 | + | 2 (8) a fence; | |
| 209 | + | 3 (9) nonpermanent construction material; | |
| 210 | + | 4 (10) an off-site improvement; | |
| 211 | + | 5 (11) an appurtenant recreational facility; or | |
| 212 | + | 6 (12) other similar item; or | |
| 213 | + | 7 (13) a model home. | |
| 214 | + | 8 (c) After June 30, 2023, the term does not include a mobile | |
| 215 | + | 9 home, manufactured home, or an industrialized residential | |
| 216 | + | 10 structure. | |
| 217 | + | 11 SECTION 7. IC 32-27-2-5 IS AMENDED TO READ AS | |
| 218 | + | 12 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) As used in this | |
| 219 | + | 13 chapter, "home buyer" means a purchaser of a new home or a model | |
| 220 | + | 14 home. | |
| 221 | + | 15 (b) The term includes any owner of the new home or model home | |
| 222 | + | 16 before the expiration of the warranties defined by this chapter. | |
| 223 | + | 17 SECTION 8. IC 32-27-2-7, AS AMENDED BY P.L.165-2005, | |
| 224 | + | 18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 225 | + | 19 JULY 1, 2023]: Sec. 7. As used in this chapter, "warranty date" means | |
| 226 | + | 20 the following: | |
| 227 | + | 21 (1) In the case of a new home, the date of the first occupancy of | |
| 228 | + | 22 the new home as a residence by one (1) of the following: | |
| 229 | + | 23 (1) (A) The builder. | |
| 230 | + | 24 (2) (B) An individual or individuals renting the home from the | |
| 231 | + | 25 builder. | |
| 232 | + | 26 (3) (C) An individual or individuals living in the home at the | |
| 233 | + | 27 request of the builder. | |
| 234 | + | 28 (4) (D) The initial home buyer. | |
| 235 | + | 29 (E) An individual renting the home from the initial home | |
| 236 | + | 30 buyer. | |
| 237 | + | 31 (2) In the case of a model home, the date that the home was | |
| 238 | + | 32 first used as a model home. | |
| 239 | + | 33 SECTION 9. IC 32-27-2-8, AS AMENDED BY P.L.165-2005, | |
| 240 | + | 34 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 241 | + | 35 JULY 1, 2023]: Sec. 8. (a) In selling a completed new home, and in | |
| 242 | + | 36 contracting to sell a new home to be completed, the builder may | |
| 243 | + | 37 warrant to the initial home buyer the following: | |
| 244 | + | 38 (1) During the two (2) year period beginning on the warranty date, | |
| 245 | + | 39 the new home will be free from defects caused by faulty | |
| 246 | + | 40 workmanship or defective materials. | |
| 247 | + | 41 (2) During the two (2) year period beginning on the warranty date, | |
| 248 | + | 42 the new home will be free from defects caused by faulty | |
| 249 | + | EH 1315—LS 6903/DI 87 6 | |
| 250 | + | 1 installation of: | |
| 251 | + | 2 (A) plumbing; | |
| 252 | + | 3 (B) electrical; | |
| 253 | + | 4 (C) heating; | |
| 254 | + | 5 (D) cooling; or | |
| 255 | + | 6 (E) ventilating; | |
| 256 | + | 7 systems, exclusive of fixtures, appliances, or items of equipment. | |
| 257 | + | 8 (3) During the four (4) year period beginning on the warranty | |
| 258 | + | 9 date, the new home will be free from defects caused by faulty | |
| 259 | + | 10 workmanship or defective materials in the roof or roof systems of | |
| 260 | + | 11 the new home. | |
| 261 | + | 12 (4) During the ten (10) year period beginning on the warranty | |
| 262 | + | 13 date, the new home will be free from major structural defects. | |
| 263 | + | 14 (b) The warranties provided in this section (or IC 34-4-20.5-8 or | |
| 264 | + | 15 IC 32-15-7 before their repeal) survive the passing of legal or equitable | |
| 265 | + | 16 title in the new home to a home buyer. | |
| 266 | + | 17 (c) An individual identified in section 7(1), 7(2), or 7(3) 7(1)(A), | |
| 267 | + | 18 7(1)(B), or 7(1)(C) of this chapter who is selling a new home shall | |
| 268 | + | 19 notify the purchaser of the home in writing on or before the date of | |
| 269 | + | 20 closing or transfer of the new home of: | |
| 270 | + | 21 (1) the warranty date (as defined in section 7 of this chapter); and | |
| 271 | + | 22 (2) the amount of time remaining under the warranty. | |
| 272 | + | 23 SECTION 10. IC 32-27-2-8.5 IS ADDED TO THE INDIANA | |
| 273 | + | 24 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 274 | + | 25 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. (a) In selling a model home, | |
| 275 | + | 26 the builder may warrant to the home buyer that during the ten (10) | |
| 276 | + | 27 year period beginning on the warranty date the model home will be | |
| 277 | + | 28 free from major structural defects. | |
| 278 | + | 29 (b) The warranty provided in this section survives the passing | |
| 279 | + | 30 of legal or equitable title in the model home to a subsequent home | |
| 280 | + | 31 buyer. | |
| 281 | + | 32 (c) The home buyer who purchases the model home from the | |
| 282 | + | 33 builder shall, in writing on or before the date of closing or transfer | |
| 283 | + | 34 of the model home to a subsequent home buyer, notify the | |
| 284 | + | 35 subsequent home buyer of: | |
| 285 | + | 36 (1) the warranty date (as defined in section 7 of this chapter); | |
| 286 | + | 37 and | |
| 287 | + | 38 (2) the amount of time remaining under the warranty. | |
| 288 | + | 39 SECTION 11. IC 32-27-2-9 IS AMENDED TO READ AS | |
| 289 | + | 40 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) A builder may | |
| 290 | + | 41 disclaim all implied warranties on a new home or model home only | |
| 291 | + | 42 if all of the following conditions are met: | |
| 292 | + | EH 1315—LS 6903/DI 87 7 | |
| 293 | + | 1 (1) The warranties defined in this chapter are expressly provided | |
| 294 | + | 2 for in the written contract between a builder and: | |
| 295 | + | 3 (A) an initial home buyer of a new home; or | |
| 296 | + | 4 (B) the home buyer of a model home. | |
| 297 | + | 5 (2) The performance of the warranty obligations is backed by an | |
| 298 | + | 6 insurance policy in an amount at least equal to the purchase price | |
| 299 | + | 7 of the new home or model home. | |
| 300 | + | 8 (3) The builder carries completed operations products liability | |
| 301 | + | 9 insurance covering the builder's liability for reasonably | |
| 302 | + | 10 foreseeable consequential damages arising from a defect covered | |
| 303 | + | 11 by the warranties provided by the builder on a new home. | |
| 304 | + | 12 (b) The disclaimer must be printed in a minimum size of 10 point | |
| 305 | + | 13 boldface type setting forth that the statutory warranties of section 8 of | |
| 306 | + | 14 this chapter for a new home or section 8.5 of this chapter for a | |
| 307 | + | 15 model home are in lieu of the implied warranties that have been | |
| 308 | + | 16 disclaimed by the builder, and the initial home buyer of a new home | |
| 309 | + | 17 or the home buyer of a model home must affirmatively acknowledge | |
| 310 | + | 18 by complete signature that the initial home buyer of a new home or | |
| 311 | + | 19 the home buyer of a model home has read, understands, and | |
| 312 | + | 20 voluntarily agrees to the disclaimer. Additionally, the initial home | |
| 313 | + | 21 buyer or home buyer must acknowledge the disclaimer of implied | |
| 314 | + | 22 warranties by signing, at the time of execution of the contract, a | |
| 315 | + | 23 separate one (1) page notice, attached to the contract, that includes and | |
| 316 | + | 24 begins with the following language: | |
| 317 | + | 25 "NOTICE OF WAIVER OF IMPLIED WARRANTIES | |
| 318 | + | 26 I recognize that by accepting the express warranties and the | |
| 319 | + | 27 insurance covering those warranties for the periods of time | |
| 320 | + | 28 provided in this contract, I am giving up the right to any claims | |
| 321 | + | 29 for implied warranties, which may be greater than the express | |
| 322 | + | 30 warranties. Implied warranties are unwritten warranties relating | |
| 323 | + | 31 to the reasonable expectations of a homeowner with regard to the | |
| 324 | + | 32 construction of the homeowner's home, as those reasonable | |
| 325 | + | 33 expectations are defined by the courts on a case by case basis.". | |
| 326 | + | 34 (c) If there is a default of either: | |
| 327 | + | 35 (1) the insurance for the performance of the warranty obligations; | |
| 328 | + | 36 or | |
| 329 | + | 37 (2) the completed operations products liability insurance; | |
| 330 | + | 38 the disclaimer by the builder is void from and after the default. | |
| 331 | + | 39 SECTION 12. IC 32-27-2-10 IS AMENDED TO READ AS | |
| 332 | + | 40 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) If a builder | |
| 333 | + | 41 provides and breaches a warranty set forth in section 8 or 8.5 of this | |
| 334 | + | 42 chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the | |
| 335 | + | EH 1315—LS 6903/DI 87 8 | |
| 336 | + | 1 home buyer may bring an action against the builder for: | |
| 337 | + | 2 (1) damages arising from the breach; or | |
| 338 | + | 3 (2) specific performance. | |
| 339 | + | 4 (b) If damages are awarded for a breach of a warranty set forth in | |
| 340 | + | 5 section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 | |
| 341 | + | 6 before their repeal), the award may be for not more than: | |
| 342 | + | 7 (1) the actual damages, which are either: | |
| 343 | + | 8 (A) the amount necessary to effect repair of the defect that is | |
| 344 | + | 9 the cause of the breach; or | |
| 345 | + | 10 (B) the amount of the difference between the value of the new | |
| 346 | + | 11 home without the defect and the value of the new home with | |
| 347 | + | 12 the defect; | |
| 348 | + | 13 (2) the reasonably foreseeable consequential damages arising | |
| 349 | + | 14 from the defect covered by the warranty; and | |
| 350 | + | 15 (3) attorney's fees, if those fees are provided for in the written | |
| 351 | + | 16 contract between the parties. | |
| 352 | + | 17 SECTION 13. IC 36-7-2-12, AS AMENDED BY P.L.53-2022, | |
| 353 | + | 18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 354 | + | 19 JULY 1, 2023]: Sec. 12. (a) The definitions in IC 16-41-27 apply | |
| 355 | + | 20 throughout this section. | |
| 356 | + | 21 (b) Unless required under IC 36-7-2-9 and notwithstanding and | |
| 357 | + | 22 except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and | |
| 358 | + | 23 IC 36-7-4-1106(f) a unit may not adopt, impose, or enforce a | |
| 359 | + | 24 regulation that: | |
| 360 | + | 25 (1) mandates size requirements for or that is based on the age of, | |
| 361 | + | 26 a mobile home, a manufactured home or an industrialized | |
| 362 | + | 27 residential structure that will be installed in a mobile home | |
| 363 | + | 28 community licensed under IC 16-41-27; or | |
| 364 | + | 29 (2) is based on the age of a mobile home, a manufactured | |
| 365 | + | 30 home, or an industrialized residential structure that will be | |
| 366 | + | 31 installed on other private property; | |
| 367 | + | 32 regardless of whether the mobile home community or other private | |
| 368 | + | 33 property, in whole or in part or any part of the mobile home | |
| 369 | + | 34 community, constitutes (1) a conforming structure or use or | |
| 370 | + | 35 (2) a legal, nonconforming structure or use. | |
| 371 | + | 36 (c) Nothing in this section shall be construed to prohibit a unit from | |
| 372 | + | 37 adopting or enforcing a requirement of a regulation related to: | |
| 373 | + | 38 (1) transportation; | |
| 374 | + | 39 (2) water and sewer service; or | |
| 375 | + | 40 (3) another requirement concerning the use or development of | |
| 376 | + | 41 land. | |
| 377 | + | 42 (d) Unless required under IC 36-7-2-9, after March 14, 2022: | |
| 378 | + | EH 1315—LS 6903/DI 87 9 | |
| 379 | + | 1 (1) a unit may not: | |
| 380 | + | 2 (A) adopt or impose a regulation that violates, or that includes | |
| 381 | + | 3 a provision that violates, subsection (b); | |
| 382 | + | 4 (B) amend a regulation so that the regulation, after its | |
| 383 | + | 5 amendment, includes a provision that violates subsection (b), | |
| 384 | + | 6 regardless of when the regulation was originally adopted or | |
| 385 | + | 7 imposed; or | |
| 386 | + | 8 (C) enforce a provision in a regulation adopted or imposed by | |
| 387 | + | 9 the unit if the provision violates subsection (b), regardless of | |
| 388 | + | 10 when the regulation or provision was originally adopted or | |
| 389 | + | 11 imposed; and | |
| 390 | + | 12 (2) any provision that: | |
| 391 | + | 13 (A) is included in a regulation adopted or imposed by a unit; | |
| 392 | + | 14 and | |
| 393 | + | 15 (B) violates subsection (b); | |
| 394 | + | 16 is void and unenforceable regardless of when the regulation or | |
| 395 | + | 17 provision was originally adopted or imposed. | |
| 396 | + | 18 SECTION 14. IC 36-7-2-13 IS ADDED TO THE INDIANA CODE | |
| 397 | + | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
| 398 | + | 20 1, 2023]: Sec. 13. (a) As used in this section, "chapter house" means | |
| 399 | + | 21 a building or portion of a building used as a residence for students | |
| 400 | + | 22 who are: | |
| 401 | + | 23 (1) active members of the same fraternity or sorority; and | |
| 402 | + | 24 (2) enrolled at the same college or university. | |
| 403 | + | 25 (b) As used in this section, "college or university" has the | |
| 404 | + | 26 meaning set forth in IC 21-7-13-10. | |
| 405 | + | 27 (c) As used in this section, "ordinance or regulation" means a | |
| 406 | + | 28 planning or zoning ordinance or regulation adopted under | |
| 407 | + | 29 IC 36-7-4. | |
| 408 | + | 30 (d) A county, city, or town may not: | |
| 409 | + | 31 (1) adopt an ordinance or regulation that; or | |
| 410 | + | 32 (2) enforce an ordinance or regulation in a manner that; | |
| 411 | + | 33 differentiates between chapter houses on the sole basis of whether | |
| 412 | + | 34 a chapter house is approved or recognized by a college or | |
| 413 | + | 35 university or a chapter house is not approved or recognized by a | |
| 414 | + | 36 college or university. | |
| 415 | + | 37 SECTION 15. IC 36-7-4-1019, AS AMENDED BY P.L.53-2022, | |
| 416 | + | 38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 417 | + | 39 JULY 1, 2023]: Sec. 1019. (a) The definitions in IC 16-41-27 apply | |
| 418 | + | 40 throughout this section. | |
| 419 | + | 41 (b) For purposes of this section: | |
| 420 | + | 42 (1) a legal, nonconforming structure includes: | |
| 421 | + | EH 1315—LS 6903/DI 87 10 | |
| 422 | + | 1 (A) a mobile home; | |
| 423 | + | 2 (B) a manufactured home; or | |
| 424 | + | 3 (C) an industrialized residential structure; | |
| 425 | + | 4 that is considered a legal, nonconforming structure by a unit; and | |
| 426 | + | 5 (2) a legal, nonconforming use includes the use of a parcel of real | |
| 427 | + | 6 property, or any part of a parcel of real property, for residential | |
| 428 | + | 7 purposes by one (1) or more: | |
| 429 | + | 8 (A) mobile homes; | |
| 430 | + | 9 (B) manufactured homes; or | |
| 431 | + | 10 (C) industrialized residential structures; | |
| 432 | + | 11 if the use is considered a legal, nonconforming use by a unit. | |
| 433 | + | 12 (c) In an enforcement action brought under this chapter, the party | |
| 434 | + | 13 alleging the existence of a legal, nonconforming use or variance | |
| 435 | + | 14 granted by a board of zoning appeals has the burden of proof on that | |
| 436 | + | 15 issue. The nonexistence of a nonconforming use or variance need not | |
| 437 | + | 16 be proved. | |
| 438 | + | 17 (d) Except as provided in subsection (e) and subject to subsection | |
| 439 | + | 18 (f), whenever a legal, nonconforming structure on a parcel of real | |
| 440 | + | 19 property used for residential purposes within a mobile home | |
| 441 | + | 20 community or on other private property is damaged, destroyed, or | |
| 442 | + | 21 removed, the owner of the parcel shall be permitted to reconstruct, | |
| 443 | + | 22 repair, renovate, or replace the structure without losing the status of the | |
| 444 | + | 23 structure or parcel, or any part of the parcel, as a legal, nonconforming | |
| 445 | + | 24 structure or use if the reconstruction, repair, renovation, or replacement | |
| 446 | + | 25 meets the following requirements: | |
| 447 | + | 26 (1) The structure will continue to be used for residential purposes. | |
| 448 | + | 27 (2) Subject to IC 25-23.7-8, the new foundation of the | |
| 449 | + | 28 reconstructed, repaired, renovated, or replaced structure may not | |
| 450 | + | 29 exceed the square footage of the foundation of the damaged, | |
| 451 | + | 30 destroyed, or removed structure. | |
| 452 | + | 31 (e) The provisions of subsection (d) concerning the reconstruction, | |
| 453 | + | 32 repair, renovation, or replacement of a damaged, destroyed, or removed | |
| 454 | + | 33 nonconforming structure do not authorize the reconstruction, repair, or | |
| 455 | + | 34 renovation of a damaged or destroyed nonconforming structure that is: | |
| 456 | + | 35 (1) subject to the jurisdiction of a preservation commission | |
| 457 | + | 36 organized under: | |
| 458 | + | 37 (A) IC 36-7-11; | |
| 459 | + | 38 (B) IC 36-7-11.1; | |
| 460 | + | 39 (C) IC 36-7-11.2; or | |
| 461 | + | 40 (D) IC 36-7-11.3; or | |
| 462 | + | 41 (2) located within a flood plain (as defined in IC 14-8-2-99). | |
| 463 | + | 42 (f) The provisions of subsection (d) concerning the continuing status | |
| 464 | + | EH 1315—LS 6903/DI 87 11 | |
| 465 | + | 1 of a structure or parcel, or any part of the parcel, as a legal, | |
| 466 | + | 2 nonconforming structure or use apply regardless of whether: | |
| 467 | + | 3 (1) the structure or parcel, or any part of the parcel, is conferred | |
| 468 | + | 4 status as a legal, nonconforming structure or use within a mobile | |
| 469 | + | 5 home community or on other private property; or | |
| 470 | + | 6 (2) the legal nonconforming structure is: | |
| 471 | + | 7 (A) damaged, destroyed, or removed; or | |
| 472 | + | 8 (B) reconstructed, renovated, repaired, or replaced; | |
| 473 | + | 9 before, on, or after March 15, 2022. | |
| 474 | + | 10 SECTION 16. IC 36-7-4-1106, AS AMENDED BY P.L.168-2020, | |
| 475 | + | 11 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 476 | + | 12 JULY 1, 2023]: Sec. 1106. (a) This section does not affect a | |
| 477 | + | 13 requirement applicable to property that is subject to the jurisdiction of | |
| 478 | + | 14 a preservation commission organized under any of the following: | |
| 479 | + | 15 (1) IC 36-7-11. | |
| 480 | + | 16 (2) IC 36-7-11.1. | |
| 481 | + | 17 (3) IC 36-7-11.2. | |
| 482 | + | 18 (4) IC 36-7-11.3. | |
| 483 | + | 19 (b) As used in this section: | |
| 484 | + | 20 (1) "Manufactured home" means a dwelling unit, designed and | |
| 485 | + | 21 built in a factory, which bears a seal certifying that it was built in | |
| 486 | + | 22 compliance with the federal Manufactured Housing Construction | |
| 487 | + | 23 and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.). | |
| 488 | + | 24 (2) "Underfloor space" means that space between the bottom of | |
| 489 | + | 25 the floor joists and the earth. | |
| 490 | + | 26 (3) "Occupied space" means the total area of earth horizontally | |
| 491 | + | 27 covered by the structure, excluding accessory structures such as, | |
| 492 | + | 28 but not limited to, garages, patios and porches. | |
| 493 | + | 29 (4) "Permanent foundation system" includes a pier footing | |
| 494 | + | 30 foundation system that is specified as suitable in the | |
| 495 | + | 31 manufacturer's installation specifications for a manufactured | |
| 496 | + | 32 home. | |
| 497 | + | 33 (c) Comprehensive plans and ordinances adopted under the | |
| 498 | + | 34 provisions of this chapter may subject dwelling units and lots to | |
| 499 | + | 35 identical standards and requirements, whether or not the dwelling unit | |
| 500 | + | 36 to be placed on a lot is a manufactured home or some other type of | |
| 501 | + | 37 dwelling unit. These standards and requirements may include but are | |
| 502 | + | 38 not limited to the following: | |
| 503 | + | 39 (1) Setback distance. | |
| 504 | + | 40 (2) Side and rear yard area. | |
| 505 | + | 41 (3) Vehicle parking space. | |
| 506 | + | 42 (4) Minimum square footage of the dwelling unit. | |
| 507 | + | EH 1315—LS 6903/DI 87 12 | |
| 508 | + | 1 (5) Underfloor space enclosure requirements. | |
| 509 | + | 2 (6) Aesthetics. However, aesthetic standards and requirements | |
| 510 | + | 3 pertaining to the home structure itself which are adopted under | |
| 511 | + | 4 this section may only pertain to the following: | |
| 512 | + | 5 (A) Roofing materials and siding materials. | |
| 513 | + | 6 (B) Permanent foundation systems of manufactured homes that | |
| 514 | + | 7 are located outside of a mobile home community licensed | |
| 515 | + | 8 under IC 16-41-27. A unit may require compatibility of a | |
| 516 | + | 9 permanent foundation system with surrounding residential | |
| 517 | + | 10 structures. However, the unit may not require: | |
| 518 | + | 11 (i) a permanent foundation system that is incompatible with | |
| 519 | + | 12 the structural design of the manufactured home; or | |
| 520 | + | 13 (ii) more than one (1) permanent foundation system for a | |
| 521 | + | 14 manufactured home. | |
| 522 | + | 15 (d) METRO. Standards and requirements, specified in | |
| 523 | + | 16 comprehensive plans and ordinances, adopted under this section for | |
| 524 | + | 17 lots and dwelling units may not totally preclude all manufactured | |
| 525 | + | 18 homes constructed after January 1, 1981, and that exceed: | |
| 526 | + | 19 (1) twenty-three (23) feet in width; and | |
| 527 | + | 20 (2) nine hundred fifty (950) square feet of occupied space; | |
| 528 | + | 21 from being installed as permanent residences on any lot on which any | |
| 529 | + | 22 other type of dwelling unit may be placed. | |
| 530 | + | 23 (e) ADVISORY)AREA. This subsection applies only to lots and | |
| 531 | + | 24 dwelling units that are within a city or town's planning and zoning | |
| 532 | + | 25 jurisdiction. Standards and requirements, specified in comprehensive | |
| 533 | + | 26 plans and ordinances, adopted under this section for lots and dwelling | |
| 534 | + | 27 units may not totally preclude all manufactured homes constructed after | |
| 535 | + | 28 January 1, 1981, and that exceed nine hundred fifty (950) square feet | |
| 536 | + | 29 of occupied space from being installed as permanent residences on any | |
| 537 | + | 30 lot on which any other type of dwelling unit may be placed. | |
| 538 | + | 31 (f) ADVISORY)AREA. This subsection applies only to lots and | |
| 539 | + | 32 dwelling units that are within a county's planning and zoning | |
| 540 | + | 33 jurisdiction. Standards and requirements, specified in | |
| 541 | + | 34 comprehensive plans and ordinances, adopted under this section | |
| 542 | + | 35 for lots and dwelling units may not preclude manufactured homes | |
| 543 | + | 36 that exceed: | |
| 544 | + | 37 (1) twenty-three (23) feet in width; and | |
| 545 | + | 38 (2) nine hundred fifty (950) square feet of occupied space; | |
| 546 | + | 39 from being installed as permanent residences on any lot on which | |
| 547 | + | 40 any other type of dwelling unit may be placed. | |
| 548 | + | EH 1315—LS 6903/DI 87 13 | |
| 549 | + | COMMITTEE REPORT | |
| 550 | + | Mr. Speaker: Your Committee on Local Government, to which was | |
| 551 | + | referred House Bill 1315, has had the same under consideration and | |
| 552 | + | begs leave to report the same back to the House with the | |
| 553 | + | recommendation that said bill do pass. | |
| 554 | + | (Reference is to HB 1315 as introduced.) | |
| 555 | + | ||
| 556 | + | MAY | |
| 557 | + | Committee Vote: Yeas 11, Nays 0 | |
| 558 | + | _____ | |
| 559 | + | COMMITTEE REPORT | |
| 560 | + | Madam President: The Senate Committee on Local Government, to | |
| 561 | + | which was referred House Bill No. 1315, has had the same under | |
| 562 | + | consideration and begs leave to report the same back to the Senate with | |
| 563 | + | the recommendation that said bill be AMENDED as follows: | |
| 564 | + | Page 1, between the enacting clause and line 1, begin a new | |
| 565 | + | paragraph and insert: | |
| 566 | + | "SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.53-2022, | |
| 15 | 567 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 16 | 568 | JULY 1, 2023]: Sec. 32. (a) As used in this section, "regulation" refers | |
| 17 | 569 | to any: | |
| 18 | 570 | (1) ordinance, including any: | |
| 19 | 571 | (A) zoning or land use ordinance; or | |
| 20 | 572 | (B) general or specific planning ordinance; | |
| 21 | 573 | (2) regulation, including any: | |
| 22 | 574 | (A) zoning or land use regulation; or | |
| 23 | 575 | (B) general or specific planning regulation; | |
| 24 | 576 | (3) requirement; or | |
| 25 | 577 | (4) restriction; | |
| 26 | 578 | that is adopted or imposed by a unit (as defined in IC 36-1-2-23). | |
| 27 | 579 | (b) A governmental body other than the state department of health | |
| 28 | 580 | may not license or regulate mobile home communities, except for the | |
| 29 | 581 | following: | |
| 30 | 582 | (1) Local boards may enforce the standards of health and | |
| 31 | 583 | sanitation prescribed for mobile homes, manufactured homes, | |
| 32 | 584 | industrialized residential structures, and mobile home | |
| 33 | 585 | communities by the state department. | |
| 34 | 586 | (2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, | |
| 587 | + | EH 1315—LS 6903/DI 87 14 | |
| 35 | 588 | and subsections (d) and (f), county and municipal authorities | |
| 36 | - | HEA 1315 — Concur 2 | |
| 37 | 589 | within their respective jurisdictions have jurisdiction regarding | |
| 38 | 590 | zoning and building codes and ordinances pertaining to mobile | |
| 39 | 591 | home communities. | |
| 40 | 592 | (3) Local boards may regulate the construction and operation of | |
| 41 | 593 | groups of a combined total of not more than four (4) mobile | |
| 42 | 594 | homes, manufactured homes, and industrialized residential | |
| 43 | 595 | structures in accordance with standards that are compatible with | |
| 44 | 596 | standards set by the state department for mobile home | |
| 45 | 597 | communities. | |
| 46 | 598 | (c) A governmental body other than the state department of health | |
| 47 | 599 | may not regulate mobile homes, manufactured homes, or industrialized | |
| 48 | 600 | residential structures regarding habitability or minimum housing | |
| 49 | 601 | conditions unless the regulation is applicable in the same manner to | |
| 50 | 602 | other forms of residential housing in the jurisdiction. | |
| 51 | 603 | (d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), | |
| 52 | 604 | and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a | |
| 53 | 605 | governmental body may not regulate or restrict, by regulation or | |
| 54 | 606 | otherwise, the installation, use, occupancy, movement, renovation, | |
| 55 | 607 | relocation, or replacement of a mobile home, a manufactured home, or | |
| 56 | 608 | an industrialized residential structure within a mobile home community | |
| 57 | 609 | based upon the age or size of the mobile home, manufactured home, or | |
| 58 | 610 | industrialized residential structure or other private property based | |
| 59 | 611 | upon the age of the mobile home, manufactured home, or | |
| 60 | 612 | industrialized residential structure regardless of whether: | |
| 61 | 613 | (1) the mobile home, manufactured home, or industrialized | |
| 62 | 614 | residential structure; within a mobile home community; | |
| 63 | 615 | (2) the lot or site, or any part of the lot or site, within a mobile | |
| 64 | 616 | home community, on which the mobile home, manufactured | |
| 65 | 617 | home, or industrialized residential structure is located or installed, | |
| 66 | 618 | or will be located or installed; or | |
| 67 | 619 | (3) the mobile home community or any part of the mobile home | |
| 68 | 620 | community, or other private property, in whole or in part, in | |
| 69 | 621 | which the mobile home, manufactured home, or industrialized | |
| 70 | 622 | residential structure is located or installed, or will be located or | |
| 71 | 623 | installed; | |
| 72 | 624 | constitutes a conforming structure or use, or a legal, nonconforming | |
| 73 | 625 | structure or use. | |
| 74 | 626 | (e) A government body may not regulate or restrict the ability of a: | |
| 75 | 627 | (1) mobile home community: | |
| 76 | 628 | (A) owner; or | |
| 77 | 629 | (B) manager; or | |
| 630 | + | EH 1315—LS 6903/DI 87 15 | |
| 78 | 631 | (2) manufactured home community: | |
| 79 | - | HEA 1315 — Concur 3 | |
| 80 | 632 | (A) owner; or | |
| 81 | 633 | (B) manager; | |
| 82 | 634 | to obtain a dealer's license or to sell a mobile home, manufactured | |
| 83 | 635 | home, or industrialized residential structure located within the owner's | |
| 84 | 636 | or manager's mobile home community or manufactured housing | |
| 85 | 637 | community. | |
| 86 | 638 | (f) Except as provided under IC 36-7-4-1106(d), | |
| 87 | 639 | IC 36-7-4-1106(e), and IC 36-7-4-1106(f) and unless required under | |
| 88 | 640 | IC 36-7-2-9, after March 14, 2022: | |
| 89 | 641 | (1) a unit may not: | |
| 90 | 642 | (A) adopt or impose a regulation that violates, or that includes | |
| 91 | 643 | a provision that violates, subsection (d); | |
| 92 | 644 | (B) amend a regulation so that the regulation, after its | |
| 93 | 645 | amendment, includes a provision that violates subsection (d), | |
| 94 | 646 | regardless of when the regulation was originally adopted or | |
| 95 | 647 | imposed; or | |
| 96 | 648 | (C) enforce a provision in a regulation adopted or imposed by | |
| 97 | 649 | the unit if the provision violates subsection (d), regardless of | |
| 98 | 650 | when the regulation or provision was originally adopted or | |
| 99 | 651 | imposed; and | |
| 100 | 652 | (2) any provision that: | |
| 101 | 653 | (A) is included in a regulation adopted or imposed by a unit; | |
| 102 | 654 | and | |
| 103 | 655 | (B) violates subsection (d); | |
| 104 | 656 | is void and unenforceable regardless of when the regulation or | |
| 105 | - | provision was originally adopted or imposed. | |
| 106 | - | SECTION 2. IC 32-27-2-1 IS AMENDED TO READ AS | |
| 107 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. The warranties | |
| 108 | - | defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their | |
| 109 | - | repeal) become effective on the warranty date attributed to a new home | |
| 110 | - | or model home. | |
| 111 | - | SECTION 3. IC 32-27-2-2 IS AMENDED TO READ AS | |
| 112 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. As used in this | |
| 113 | - | chapter, "initial home buyer" means a person who: | |
| 114 | - | (1) executes a contract with a builder to buy a new home; and | |
| 115 | - | who: | |
| 116 | - | (2) either: | |
| 117 | - | (1) (A) occupies the new home as: | |
| 118 | - | (i) its the home's first occupant; and (2) occupies the new | |
| 119 | - | home as | |
| 120 | - | (ii) a residence; or | |
| 121 | - | (B) rents the new home to an individual who occupies the | |
| 122 | - | HEA 1315 — Concur 4 | |
| 123 | - | new home as: | |
| 124 | - | (i) the home's first occupant; and | |
| 125 | - | (ii) a residence. | |
| 126 | - | SECTION 4. IC 32-27-2-3 IS AMENDED TO READ AS | |
| 127 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this | |
| 128 | - | chapter, "major structural defect" means actual damage to the load | |
| 129 | - | bearing part of a new home or model home, including actual damage | |
| 130 | - | due to: | |
| 131 | - | (1) subsidence; | |
| 132 | - | (2) expansion; or | |
| 133 | - | (3) lateral movement; | |
| 134 | - | of the soil affecting the load bearing function, unless the subsidence, | |
| 135 | - | expansion, or lateral movement of the soil is caused by flood, | |
| 136 | - | earthquake, or some other natural disaster. | |
| 137 | - | SECTION 5. IC 32-27-2-3.5 IS ADDED TO THE INDIANA CODE | |
| 138 | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
| 139 | - | 1, 2023]: Sec. 3.5. (a) As used in this chapter, "model home" means | |
| 140 | - | a new dwelling that is used for the first time after construction as: | |
| 141 | - | (1) a model; | |
| 142 | - | (2) a sales office; | |
| 143 | - | (3) a design center; or | |
| 144 | - | (4) any combination of subdivisions (1) through (3). | |
| 145 | - | (b) After June 30, 2023, the term does not include a mobile | |
| 657 | + | provision was originally adopted or imposed.". | |
| 658 | + | Page 2, line 16, after "3.5." insert "(a)". | |
| 659 | + | Page 2, between lines 21 and 22, begin a new paragraph and insert: | |
| 660 | + | "(b) After June 30, 2023, the term does not include a mobile | |
| 146 | 661 | home, a manufactured home, or an industrialized residential | |
| 147 | - | structure. | |
| 148 | - | SECTION 6. IC 32-27-2-4 IS AMENDED TO READ AS | |
| 149 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) As used in this | |
| 150 | - | chapter, "new home" means a new dwelling occupied for the first time | |
| 151 | - | as a residence after construction. | |
| 152 | - | (b) The term does not include: | |
| 153 | - | (1) a detached garage; | |
| 154 | - | (2) a driveway; | |
| 155 | - | (3) a walkway; | |
| 156 | - | (4) a patio; | |
| 157 | - | (5) a boundary wall; | |
| 158 | - | (6) a retaining wall not necessary for the structural stability of the | |
| 159 | - | new home; | |
| 160 | - | (7) landscaping; | |
| 161 | - | (8) a fence; | |
| 162 | - | (9) nonpermanent construction material; | |
| 163 | - | (10) an off-site improvement; | |
| 164 | - | (11) an appurtenant recreational facility; or | |
| 165 | - | HEA 1315 — Concur 5 | |
| 166 | - | (12) other similar item; or | |
| 167 | - | (13) a model home. | |
| 168 | - | (c) After June 30, 2023, the term does not include a mobile | |
| 662 | + | structure.". | |
| 663 | + | Page 2, between lines 40 and 41, begin a new paragraph and insert: | |
| 664 | + | "(c) After June 30, 2023, the term does not include a mobile | |
| 169 | 665 | home, manufactured home, or an industrialized residential | |
| 170 | - | structure. | |
| 171 | - | SECTION 7. IC 32-27-2-5 IS AMENDED TO READ AS | |
| 172 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) As used in this | |
| 173 | - | chapter, "home buyer" means a purchaser of a new home or a model | |
| 174 | - | home. | |
| 175 | - | (b) The term includes any owner of the new home or model home | |
| 176 | - | before the expiration of the warranties defined by this chapter. | |
| 177 | - | SECTION 8. IC 32-27-2-7, AS AMENDED BY P.L.165-2005, | |
| 178 | - | SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 179 | - | JULY 1, 2023]: Sec. 7. As used in this chapter, "warranty date" means | |
| 180 | - | the following: | |
| 181 | - | (1) In the case of a new home, the date of the first occupancy of | |
| 182 | - | the new home as a residence by one (1) of the following: | |
| 183 | - | (1) (A) The builder. | |
| 184 | - | (2) (B) An individual or individuals renting the home from the | |
| 185 | - | builder. | |
| 186 | - | (3) (C) An individual or individuals living in the home at the | |
| 187 | - | request of the builder. | |
| 188 | - | (4) (D) The initial home buyer. | |
| 189 | - | (E) An individual renting the home from the initial home | |
| 190 | - | buyer. | |
| 191 | - | (2) In the case of a model home, the date that the home was | |
| 192 | - | first used as a model home. | |
| 193 | - | SECTION 9. IC 32-27-2-8, AS AMENDED BY P.L.165-2005, | |
| 666 | + | structure.". | |
| 667 | + | Page 3, between lines 20 and 21, begin a new paragraph and insert: | |
| 668 | + | "SECTION 9. IC 32-27-2-8, AS AMENDED BY P.L.165-2005, | |
| 194 | 669 | SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 195 | 670 | JULY 1, 2023]: Sec. 8. (a) In selling a completed new home, and in | |
| 196 | 671 | contracting to sell a new home to be completed, the builder may | |
| 197 | 672 | warrant to the initial home buyer the following: | |
| 673 | + | EH 1315—LS 6903/DI 87 16 | |
| 198 | 674 | (1) During the two (2) year period beginning on the warranty date, | |
| 199 | 675 | the new home will be free from defects caused by faulty | |
| 200 | 676 | workmanship or defective materials. | |
| 201 | 677 | (2) During the two (2) year period beginning on the warranty date, | |
| 202 | 678 | the new home will be free from defects caused by faulty | |
| 203 | 679 | installation of: | |
| 204 | 680 | (A) plumbing; | |
| 205 | 681 | (B) electrical; | |
| 206 | 682 | (C) heating; | |
| 207 | 683 | (D) cooling; or | |
| 208 | - | HEA 1315 — Concur 6 | |
| 209 | 684 | (E) ventilating; | |
| 210 | 685 | systems, exclusive of fixtures, appliances, or items of equipment. | |
| 211 | 686 | (3) During the four (4) year period beginning on the warranty | |
| 212 | 687 | date, the new home will be free from defects caused by faulty | |
| 213 | 688 | workmanship or defective materials in the roof or roof systems of | |
| 214 | 689 | the new home. | |
| 215 | 690 | (4) During the ten (10) year period beginning on the warranty | |
| 216 | 691 | date, the new home will be free from major structural defects. | |
| 217 | 692 | (b) The warranties provided in this section (or IC 34-4-20.5-8 or | |
| 218 | 693 | IC 32-15-7 before their repeal) survive the passing of legal or equitable | |
| 219 | 694 | title in the new home to a home buyer. | |
| 220 | 695 | (c) An individual identified in section 7(1), 7(2), or 7(3) 7(1)(A), | |
| 221 | 696 | 7(1)(B), or 7(1)(C) of this chapter who is selling a new home shall | |
| 222 | 697 | notify the purchaser of the home in writing on or before the date of | |
| 223 | 698 | closing or transfer of the new home of: | |
| 224 | 699 | (1) the warranty date (as defined in section 7 of this chapter); and | |
| 225 | - | (2) the amount of time remaining under the warranty. | |
| 226 | - | SECTION 10. IC 32-27-2-8.5 IS ADDED TO THE INDIANA | |
| 227 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 228 | - | [EFFECTIVE JULY 1, 2023]: Sec. 8.5. (a) In selling a model home, | |
| 229 | - | the builder may warrant to the home buyer that during the ten (10) | |
| 230 | - | year period beginning on the warranty date the model home will be | |
| 231 | - | free from major structural defects. | |
| 232 | - | (b) The warranty provided in this section survives the passing | |
| 233 | - | of legal or equitable title in the model home to a subsequent home | |
| 234 | - | buyer. | |
| 235 | - | (c) The home buyer who purchases the model home from the | |
| 236 | - | builder shall, in writing on or before the date of closing or transfer | |
| 237 | - | of the model home to a subsequent home buyer, notify the | |
| 238 | - | subsequent home buyer of: | |
| 239 | - | (1) the warranty date (as defined in section 7 of this chapter); | |
| 240 | - | and | |
| 241 | - | (2) the amount of time remaining under the warranty. | |
| 242 | - | SECTION 11. IC 32-27-2-9 IS AMENDED TO READ AS | |
| 243 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) A builder may | |
| 244 | - | disclaim all implied warranties on a new home or model home only | |
| 245 | - | if all of the following conditions are met: | |
| 246 | - | (1) The warranties defined in this chapter are expressly provided | |
| 247 | - | for in the written contract between a builder and: | |
| 248 | - | (A) an initial home buyer of a new home; or | |
| 249 | - | (B) the home buyer of a model home. | |
| 250 | - | (2) The performance of the warranty obligations is backed by an | |
| 251 | - | HEA 1315 — Concur 7 | |
| 252 | - | insurance policy in an amount at least equal to the purchase price | |
| 253 | - | of the new home or model home. | |
| 254 | - | (3) The builder carries completed operations products liability | |
| 255 | - | insurance covering the builder's liability for reasonably | |
| 256 | - | foreseeable consequential damages arising from a defect covered | |
| 257 | - | by the warranties provided by the builder on a new home. | |
| 258 | - | (b) The disclaimer must be printed in a minimum size of 10 point | |
| 259 | - | boldface type setting forth that the statutory warranties of section 8 of | |
| 260 | - | this chapter for a new home or section 8.5 of this chapter for a | |
| 261 | - | model home are in lieu of the implied warranties that have been | |
| 262 | - | disclaimed by the builder, and the initial home buyer of a new home | |
| 263 | - | or the home buyer of a model home must affirmatively acknowledge | |
| 264 | - | by complete signature that the initial home buyer of a new home or | |
| 265 | - | the home buyer of a model home has read, understands, and | |
| 266 | - | voluntarily agrees to the disclaimer. Additionally, the initial home | |
| 267 | - | buyer or home buyer must acknowledge the disclaimer of implied | |
| 268 | - | warranties by signing, at the time of execution of the contract, a | |
| 269 | - | separate one (1) page notice, attached to the contract, that includes and | |
| 270 | - | begins with the following language: | |
| 271 | - | "NOTICE OF WAIVER OF IMPLIED WARRANTIES | |
| 272 | - | I recognize that by accepting the express warranties and the | |
| 273 | - | insurance covering those warranties for the periods of time | |
| 274 | - | provided in this contract, I am giving up the right to any claims | |
| 275 | - | for implied warranties, which may be greater than the express | |
| 276 | - | warranties. Implied warranties are unwritten warranties relating | |
| 277 | - | to the reasonable expectations of a homeowner with regard to the | |
| 278 | - | construction of the homeowner's home, as those reasonable | |
| 279 | - | expectations are defined by the courts on a case by case basis.". | |
| 280 | - | (c) If there is a default of either: | |
| 281 | - | (1) the insurance for the performance of the warranty obligations; | |
| 282 | - | or | |
| 283 | - | (2) the completed operations products liability insurance; | |
| 284 | - | the disclaimer by the builder is void from and after the default. | |
| 285 | - | SECTION 12. IC 32-27-2-10 IS AMENDED TO READ AS | |
| 286 | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) If a builder | |
| 287 | - | provides and breaches a warranty set forth in section 8 or 8.5 of this | |
| 288 | - | chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the | |
| 289 | - | home buyer may bring an action against the builder for: | |
| 290 | - | (1) damages arising from the breach; or | |
| 291 | - | (2) specific performance. | |
| 292 | - | (b) If damages are awarded for a breach of a warranty set forth in | |
| 293 | - | section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 | |
| 294 | - | HEA 1315 — Concur 8 | |
| 295 | - | before their repeal), the award may be for not more than: | |
| 296 | - | (1) the actual damages, which are either: | |
| 297 | - | (A) the amount necessary to effect repair of the defect that is | |
| 298 | - | the cause of the breach; or | |
| 299 | - | (B) the amount of the difference between the value of the new | |
| 300 | - | home without the defect and the value of the new home with | |
| 301 | - | the defect; | |
| 302 | - | (2) the reasonably foreseeable consequential damages arising | |
| 303 | - | from the defect covered by the warranty; and | |
| 304 | - | (3) attorney's fees, if those fees are provided for in the written | |
| 305 | - | contract between the parties. | |
| 306 | - | SECTION 13. IC 36-7-2-12, AS AMENDED BY P.L.53-2022, | |
| 700 | + | (2) the amount of time remaining under the warranty.". | |
| 701 | + | Page 5, between lines 14 and 15, begin a new paragraph and insert: | |
| 702 | + | "SECTION 13. IC 36-7-2-12, AS AMENDED BY P.L.53-2022, | |
| 307 | 703 | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 308 | 704 | JULY 1, 2023]: Sec. 12. (a) The definitions in IC 16-41-27 apply | |
| 309 | 705 | throughout this section. | |
| 310 | 706 | (b) Unless required under IC 36-7-2-9 and notwithstanding and | |
| 311 | 707 | except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and | |
| 312 | 708 | IC 36-7-4-1106(f) a unit may not adopt, impose, or enforce a | |
| 313 | 709 | regulation that: | |
| 314 | 710 | (1) mandates size requirements for or that is based on the age of, | |
| 315 | 711 | a mobile home, a manufactured home or an industrialized | |
| 316 | 712 | residential structure that will be installed in a mobile home | |
| 317 | 713 | community licensed under IC 16-41-27; or | |
| 318 | 714 | (2) is based on the age of a mobile home, a manufactured | |
| 319 | 715 | home, or an industrialized residential structure that will be | |
| 716 | + | EH 1315—LS 6903/DI 87 17 | |
| 320 | 717 | installed on other private property; | |
| 321 | 718 | regardless of whether the mobile home community or other private | |
| 322 | 719 | property, in whole or in part or any part of the mobile home | |
| 323 | 720 | community, constitutes (1) a conforming structure or use or | |
| 324 | 721 | (2) a legal, nonconforming structure or use. | |
| 325 | 722 | (c) Nothing in this section shall be construed to prohibit a unit from | |
| 326 | 723 | adopting or enforcing a requirement of a regulation related to: | |
| 327 | 724 | (1) transportation; | |
| 328 | 725 | (2) water and sewer service; or | |
| 329 | 726 | (3) another requirement concerning the use or development of | |
| 330 | 727 | land. | |
| 331 | 728 | (d) Unless required under IC 36-7-2-9, after March 14, 2022: | |
| 332 | 729 | (1) a unit may not: | |
| 333 | 730 | (A) adopt or impose a regulation that violates, or that includes | |
| 334 | 731 | a provision that violates, subsection (b); | |
| 335 | 732 | (B) amend a regulation so that the regulation, after its | |
| 336 | 733 | amendment, includes a provision that violates subsection (b), | |
| 337 | - | HEA 1315 — Concur 9 | |
| 338 | 734 | regardless of when the regulation was originally adopted or | |
| 339 | 735 | imposed; or | |
| 340 | 736 | (C) enforce a provision in a regulation adopted or imposed by | |
| 341 | 737 | the unit if the provision violates subsection (b), regardless of | |
| 342 | 738 | when the regulation or provision was originally adopted or | |
| 343 | 739 | imposed; and | |
| 344 | 740 | (2) any provision that: | |
| 345 | 741 | (A) is included in a regulation adopted or imposed by a unit; | |
| 346 | 742 | and | |
| 347 | 743 | (B) violates subsection (b); | |
| 348 | 744 | is void and unenforceable regardless of when the regulation or | |
| 349 | - | provision was originally adopted or imposed. | |
| 350 | - | SECTION 14. IC 36-7-2-13 IS ADDED TO THE INDIANA CODE | |
| 351 | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
| 352 | - | 1, 2023]: Sec. 13. (a) As used in this section, "chapter house" means | |
| 353 | - | a building or portion of a building used as a residence for students | |
| 354 | - | who are: | |
| 355 | - | (1) active members of the same fraternity or sorority; and | |
| 356 | - | (2) enrolled at the same college or university. | |
| 357 | - | (b) As used in this section, "college or university" has the | |
| 358 | - | meaning set forth in IC 21-7-13-10. | |
| 359 | - | (c) As used in this section, "ordinance or regulation" means a | |
| 360 | - | planning or zoning ordinance or regulation adopted under | |
| 361 | - | IC 36-7-4. | |
| 362 | - | (d) A county, city, or town may not: | |
| 363 | - | (1) adopt an ordinance or regulation that; or | |
| 364 | - | (2) enforce an ordinance or regulation in a manner that; | |
| 365 | - | differentiates between chapter houses on the sole basis of whether | |
| 366 | - | a chapter house is approved or recognized by a college or | |
| 367 | - | university or a chapter house is not approved or recognized by a | |
| 368 | - | college or university. | |
| 369 | - | SECTION 15. IC 36-7-4-1019, AS AMENDED BY P.L.53-2022, | |
| 745 | + | provision was originally adopted or imposed.". | |
| 746 | + | Page 5, line 30, delete "a chapter house that is approved or" and | |
| 747 | + | insert "chapter houses on the sole basis of whether a chapter house | |
| 748 | + | is approved or recognized by a college or university or a chapter | |
| 749 | + | house is not approved or recognized by a college or university.". | |
| 750 | + | Page 5, delete lines 31 through 32, begin a new paragraph and | |
| 751 | + | insert: | |
| 752 | + | "SECTION 15. IC 36-7-4-1019, AS AMENDED BY P.L.53-2022, | |
| 370 | 753 | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 371 | 754 | JULY 1, 2023]: Sec. 1019. (a) The definitions in IC 16-41-27 apply | |
| 372 | 755 | throughout this section. | |
| 373 | 756 | (b) For purposes of this section: | |
| 374 | 757 | (1) a legal, nonconforming structure includes: | |
| 375 | 758 | (A) a mobile home; | |
| 759 | + | EH 1315—LS 6903/DI 87 18 | |
| 376 | 760 | (B) a manufactured home; or | |
| 377 | 761 | (C) an industrialized residential structure; | |
| 378 | 762 | that is considered a legal, nonconforming structure by a unit; and | |
| 379 | 763 | (2) a legal, nonconforming use includes the use of a parcel of real | |
| 380 | - | HEA 1315 — Concur 10 | |
| 381 | 764 | property, or any part of a parcel of real property, for residential | |
| 382 | 765 | purposes by one (1) or more: | |
| 383 | 766 | (A) mobile homes; | |
| 384 | 767 | (B) manufactured homes; or | |
| 385 | 768 | (C) industrialized residential structures; | |
| 386 | 769 | if the use is considered a legal, nonconforming use by a unit. | |
| 387 | 770 | (c) In an enforcement action brought under this chapter, the party | |
| 388 | 771 | alleging the existence of a legal, nonconforming use or variance | |
| 389 | 772 | granted by a board of zoning appeals has the burden of proof on that | |
| 390 | 773 | issue. The nonexistence of a nonconforming use or variance need not | |
| 391 | 774 | be proved. | |
| 392 | 775 | (d) Except as provided in subsection (e) and subject to subsection | |
| 393 | 776 | (f), whenever a legal, nonconforming structure on a parcel of real | |
| 394 | 777 | property used for residential purposes within a mobile home | |
| 395 | 778 | community or on other private property is damaged, destroyed, or | |
| 396 | 779 | removed, the owner of the parcel shall be permitted to reconstruct, | |
| 397 | 780 | repair, renovate, or replace the structure without losing the status of the | |
| 398 | 781 | structure or parcel, or any part of the parcel, as a legal, nonconforming | |
| 399 | 782 | structure or use if the reconstruction, repair, renovation, or replacement | |
| 400 | 783 | meets the following requirements: | |
| 401 | 784 | (1) The structure will continue to be used for residential purposes. | |
| 402 | 785 | (2) Subject to IC 25-23.7-8, the new foundation of the | |
| 403 | 786 | reconstructed, repaired, renovated, or replaced structure may not | |
| 404 | 787 | exceed the square footage of the foundation of the damaged, | |
| 405 | 788 | destroyed, or removed structure. | |
| 406 | 789 | (e) The provisions of subsection (d) concerning the reconstruction, | |
| 407 | 790 | repair, renovation, or replacement of a damaged, destroyed, or removed | |
| 408 | 791 | nonconforming structure do not authorize the reconstruction, repair, or | |
| 409 | 792 | renovation of a damaged or destroyed nonconforming structure that is: | |
| 410 | 793 | (1) subject to the jurisdiction of a preservation commission | |
| 411 | 794 | organized under: | |
| 412 | 795 | (A) IC 36-7-11; | |
| 413 | 796 | (B) IC 36-7-11.1; | |
| 414 | 797 | (C) IC 36-7-11.2; or | |
| 415 | 798 | (D) IC 36-7-11.3; or | |
| 416 | 799 | (2) located within a flood plain (as defined in IC 14-8-2-99). | |
| 417 | 800 | (f) The provisions of subsection (d) concerning the continuing status | |
| 418 | 801 | of a structure or parcel, or any part of the parcel, as a legal, | |
| 802 | + | EH 1315—LS 6903/DI 87 19 | |
| 419 | 803 | nonconforming structure or use apply regardless of whether: | |
| 420 | 804 | (1) the structure or parcel, or any part of the parcel, is conferred | |
| 421 | 805 | status as a legal, nonconforming structure or use within a mobile | |
| 422 | 806 | home community or on other private property; or | |
| 423 | - | HEA 1315 — Concur 11 | |
| 424 | 807 | (2) the legal nonconforming structure is: | |
| 425 | 808 | (A) damaged, destroyed, or removed; or | |
| 426 | 809 | (B) reconstructed, renovated, repaired, or replaced; | |
| 427 | 810 | before, on, or after March 15, 2022. | |
| 428 | 811 | SECTION 16. IC 36-7-4-1106, AS AMENDED BY P.L.168-2020, | |
| 429 | 812 | SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 430 | 813 | JULY 1, 2023]: Sec. 1106. (a) This section does not affect a | |
| 431 | 814 | requirement applicable to property that is subject to the jurisdiction of | |
| 432 | 815 | a preservation commission organized under any of the following: | |
| 433 | 816 | (1) IC 36-7-11. | |
| 434 | 817 | (2) IC 36-7-11.1. | |
| 435 | 818 | (3) IC 36-7-11.2. | |
| 436 | 819 | (4) IC 36-7-11.3. | |
| 437 | 820 | (b) As used in this section: | |
| 438 | 821 | (1) "Manufactured home" means a dwelling unit, designed and | |
| 439 | 822 | built in a factory, which bears a seal certifying that it was built in | |
| 440 | 823 | compliance with the federal Manufactured Housing Construction | |
| 441 | 824 | and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.). | |
| 442 | 825 | (2) "Underfloor space" means that space between the bottom of | |
| 443 | 826 | the floor joists and the earth. | |
| 444 | 827 | (3) "Occupied space" means the total area of earth horizontally | |
| 445 | 828 | covered by the structure, excluding accessory structures such as, | |
| 446 | 829 | but not limited to, garages, patios and porches. | |
| 447 | 830 | (4) "Permanent foundation system" includes a pier footing | |
| 448 | 831 | foundation system that is specified as suitable in the | |
| 449 | 832 | manufacturer's installation specifications for a manufactured | |
| 450 | 833 | home. | |
| 451 | 834 | (c) Comprehensive plans and ordinances adopted under the | |
| 452 | 835 | provisions of this chapter may subject dwelling units and lots to | |
| 453 | 836 | identical standards and requirements, whether or not the dwelling unit | |
| 454 | 837 | to be placed on a lot is a manufactured home or some other type of | |
| 455 | 838 | dwelling unit. These standards and requirements may include but are | |
| 456 | 839 | not limited to the following: | |
| 457 | 840 | (1) Setback distance. | |
| 458 | 841 | (2) Side and rear yard area. | |
| 459 | 842 | (3) Vehicle parking space. | |
| 460 | 843 | (4) Minimum square footage of the dwelling unit. | |
| 461 | 844 | (5) Underfloor space enclosure requirements. | |
| 845 | + | EH 1315—LS 6903/DI 87 20 | |
| 462 | 846 | (6) Aesthetics. However, aesthetic standards and requirements | |
| 463 | 847 | pertaining to the home structure itself which are adopted under | |
| 464 | 848 | this section may only pertain to the following: | |
| 465 | 849 | (A) Roofing materials and siding materials. | |
| 466 | - | HEA 1315 — Concur 12 | |
| 467 | 850 | (B) Permanent foundation systems of manufactured homes that | |
| 468 | 851 | are located outside of a mobile home community licensed | |
| 469 | 852 | under IC 16-41-27. A unit may require compatibility of a | |
| 470 | 853 | permanent foundation system with surrounding residential | |
| 471 | 854 | structures. However, the unit may not require: | |
| 472 | 855 | (i) a permanent foundation system that is incompatible with | |
| 473 | 856 | the structural design of the manufactured home; or | |
| 474 | 857 | (ii) more than one (1) permanent foundation system for a | |
| 475 | 858 | manufactured home. | |
| 476 | 859 | (d) METRO. Standards and requirements, specified in | |
| 477 | 860 | comprehensive plans and ordinances, adopted under this section for | |
| 478 | 861 | lots and dwelling units may not totally preclude all manufactured | |
| 479 | 862 | homes constructed after January 1, 1981, and that exceed: | |
| 480 | 863 | (1) twenty-three (23) feet in width; and | |
| 481 | 864 | (2) nine hundred fifty (950) square feet of occupied space; | |
| 482 | 865 | from being installed as permanent residences on any lot on which any | |
| 483 | 866 | other type of dwelling unit may be placed. | |
| 484 | 867 | (e) ADVISORY)AREA. This subsection applies only to lots and | |
| 485 | 868 | dwelling units that are within a city or town's planning and zoning | |
| 486 | 869 | jurisdiction. Standards and requirements, specified in comprehensive | |
| 487 | 870 | plans and ordinances, adopted under this section for lots and dwelling | |
| 488 | 871 | units may not totally preclude all manufactured homes constructed after | |
| 489 | 872 | January 1, 1981, and that exceed nine hundred fifty (950) square feet | |
| 490 | 873 | of occupied space from being installed as permanent residences on any | |
| 491 | 874 | lot on which any other type of dwelling unit may be placed. | |
| 492 | 875 | (f) ADVISORY)AREA. This subsection applies only to lots and | |
| 493 | 876 | dwelling units that are within a county's planning and zoning | |
| 494 | 877 | jurisdiction. Standards and requirements, specified in | |
| 495 | 878 | comprehensive plans and ordinances, adopted under this section | |
| 496 | 879 | for lots and dwelling units may not preclude manufactured homes | |
| 497 | 880 | that exceed: | |
| 498 | 881 | (1) twenty-three (23) feet in width; and | |
| 499 | 882 | (2) nine hundred fifty (950) square feet of occupied space; | |
| 500 | 883 | from being installed as permanent residences on any lot on which | |
| 501 | - | any other type of dwelling unit may be placed. | |
| 502 | - | HEA 1315 — Concur Speaker of the House of Representatives | |
| 503 | - | President of the Senate | |
| 504 | - | President Pro Tempore | |
| 505 | - | Governor of the State of Indiana | |
| 506 | - | Date: Time: | |
| 507 | - | HEA 1315 — Concur | |
| 884 | + | any other type of dwelling unit may be placed.". | |
| 885 | + | Renumber all SECTIONS consecutively. | |
| 886 | + | and when so amended that said bill do pass. | |
| 887 | + | EH 1315—LS 6903/DI 87 21 | |
| 888 | + | (Reference is to HB 1315 as printed January 24, 2023.) | |
| 889 | + | BUCK, Chairperson | |
| 890 | + | Committee Vote: Yeas 10, Nays 0. | |
| 891 | + | EH 1315—LS 6903/DI 87 |