Indiana 2025 Regular Session

Indiana House Bill HB1005 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1005.1
	2	+	March 28, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1005
	5	+	_____
	6	+	DIGEST OF HB 1005 (Updated March 27, 2025 12:02 pm - DI 87)
	7	+	Citations Affected: IC 5-1.2; IC 34-30; IC 36-7.
	8	+	Synopsis: Housing and building matters. Requires (rather than allows)
	9	+	a city, town, or county (unit) that requires a building permit for
	10	+	construction of a Class 2 structure to allow the inspection to be
	11	+	provided by private providers in addition to the unit's inspectors.
	12	+	Provides that a "home inspector" or a unit employee may not act as a
	13	+	private provider. Provides that if an applicant uses a private provider
	14	+	because the unit is unable to timely perform a plan review, the unit: (1)
	15	+	must refund the applicant for any plan review fees; and (2) may charge
	16	+	a convenience fee of not more than $100. Provides that a unit: (1) may
	17	+	not require a registered architect or engineer to prepare construction
	18	+	documents for a Class 2 structure when constructed in accordance with
	19	+	(Continued next page)
	20	+	Effective: July 1, 2025; January 1, 2026.
	21	+	Miller D, Hall, O'Brien, Morris
	22	+	(SENATE SPONSORS — ROGERS, GARTEN, BOHACEK)
	23	+	January 21, 2025, read first time and referred to Committee on Government and Regulatory
	24	+	Reform.
	25	+	January 27, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
	26	+	Means pursuant to Rule 126.3.
	27	+	February 6, 2025, amended, reported — Do Pass.
	28	+	February 10, 2025, read second time, ordered engrossed.
	29	+	February 11, 2025, engrossed. Read third time, passed. Yeas 93, nays 0.
	30	+	SENATE ACTION
	31	+	March 3, 2025, read first time and referred to Committee on Local Government.
	32	+	March 27, 2025, amended, reported favorably — Do Pass.
	33	+	EH 1005—LS 7727/DI 87 Digest Continued
	34	+	the building code; and (2) may require a registered architect or
	35	+	engineer to prepare construction documents as proof of equivalence of
	36	+	alternative materials, appliances, equipment, or method of design or
	37	+	construction. If required by the unit, creates deadlines for the
	38	+	following: (1) Issuance of building permits. (2) Performance of plan
	39	+	reviews. (3) Performance of inspections. (4) Submission of
	40	+	construction documents or plans. (5) Issuance of certificates of
	41	+	occupancy or certificates of completion and compliance. Requires the
	42	+	state to give political subdivisions that enact certain land use policies
	43	+	priority in receiving loans from the residential housing infrastructure
	44	+	assistance revolving fund.
	45	+	EH 1005—LS 7727/DI 87EH 1005—LS 7727/DI 87 March 28, 2025
1	46		First Regular Session of the 124th General Assembly (2025)
2	47		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	48		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	49		additions will appear in this style type, and deletions will appear in this style type.
5	50		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	51		provision adopted), the text of the new provision will appear in this style type. Also, the
7	52		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	53		a new provision to the Indiana Code or the Indiana Constitution.
9	54		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	55		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1005
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	56	+	ENGROSSED
	57	+	HOUSE BILL No. 1005
	58	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	59	+	and local administration.
14	60		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-1.2-15.5-14, AS AMENDED BY P.L.90-2024,
	61	+	1 SECTION 1. IC 5-1.2-15.5-14, AS AMENDED BY P.L.90-2024,
	62	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	63	+	3 JULY 1, 2025]: Sec. 14. (a) The authority shall develop and use a
	64	+	4 priority ranking system in making loans from the fund.
	65	+	5 (b) The ranking system must prioritize making loans for eligible
	66	+	6 projects to participants that have adopted and implemented a
	67	+	7 majority of the following policies for residential housing:
	68	+	8 (1) Have:
	69	+	9 (A) invested in a housing study within the last five (5) years;
	70	+	10 (B) had a housing study performed by a region's local
	71	+	11 economic development organization; or
	72	+	12 (C) demonstrated the need for housing inventory as indicated
	73	+	13 by the Indiana state housing dashboard.
	74	+	14 (2) Have voluntarily revised unified development ordinances,
	75	+	15 zoning regulations, or other land development rules to allow for:
	76	+	16 (A) higher density development of duplexes, triplexes, and
	77	+	17 fourplexes in areas designated for single family homes;
	78	+	EH 1005—LS 7727/DI 87 2
	79	+	1 (B) construction of other housing types including accessory
	80	+	2 dwelling units and manufactured and modular housing;
	81	+	3 (C) adaptive reuse of commercial buildings for residential use
	82	+	4 such as allowing multifamily development in retail, office,
	83	+	5 and light manufacturing zones; or
	84	+	6 (D) increasing the allowable floor area ratio in multifamily
	85	+	7 housing areas; or
	86	+	8 (D) (E) waiver or elimination of regulations such as
	87	+	9 requirements for:
	88	+	10 (i) garage size and placement;
	89	+	11 (ii) steeper roof pitch;
	90	+	12 (iii) minimum lot size and square footage;
	91	+	13 (iv) greater setbacks;
	92	+	14 (v) off-street parking; or
	93	+	15 (vi) design standards that restrict or prohibit the use of code
	94	+	16 compliant products; or
	95	+	17 (vii) property height limitations.
	96	+	18 (3) Have streamlined or shortened the permitting processes
	97	+	19 and timelines, including through one stop and parallel process
	98	+	20 permitting.
	99	+	21 (3) (4) Do not have impact fee ordinances.
	100	+	22 (4) (5) Have secured private, local, state, or federal funds to
	101	+	23 contribute to the eligible project.
	102	+	24 (5) (6) Have secured a letter of support from an employer
	103	+	25 stipulating that the public infrastructure will support residential
	104	+	26 housing that is in reasonable proximity to employment. or
	105	+	27 (6) (7) Assist homeowners to age in place through restoration or
	106	+	28 renovation of existing homes.
	107	+	29 (8) Have established density bonuses.
	108	+	30 (9) Use property tax abatements to enable higher density and
	109	+	31 mixed income communities.
	110	+	32 (10) Have donated vacant land for affordable housing
	111	+	33 development.
	112	+	34 SECTION 2. IC 34-30-2.1-583.7 IS ADDED TO THE INDIANA
	113	+	35 CODE AS A NEW SECTION TO READ AS FOLLOWS
	114	+	36 [EFFECTIVE JANUARY 1, 2026]: Sec. 583.7. IC 36-7-2.5-34
	115	+	37 (Concerning immunity of a unit and employees for building plan
	116	+	38 reviews and inspection services by private providers).
	117	+	39 SECTION 3. IC 36-7-2-9.1, AS ADDED BY P.L.157-2024,
	118	+	40 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	119	+	JANUARY 1, 2026]: Sec. 9.1. 41 (a) This section applies only to a Class
	120	+	42 2 structure for which a building permit is issued by a city, town, or
	121	+	EH 1005—LS 7727/DI 87 3
	122	+	1 county after June 30, 2024.
	123	+	2 (b) (a) This section does not apply to:
	124	+	3 (1) a manufactured housing community; or
	125	+	4 (2) a mobile home community;
	126	+	5 that is licensed, permitted, and inspected by the Indiana department of
	127	+	6 health or a local board of health.
	128	+	7 (b) This section applies only to a city, town, or county that
	129	+	8 requires a building permit, plan review, or inspection for the
	130	+	9 construction of a Class 2 structure.
	131	+	10 (c) As used in this section, "Class 2 structure" has the meaning set
	132	+	11 forth in IC 22-12-1-5.
	133	+	12 (d) A city, town, or county that requires a building permit for the
	134	+	13 construction of a Class 2 structure, may provide for shall allow the
	135	+	14 plan review or inspection to be conducted by the following:
	136	+	15 (1) An individual who is employed by the city, town, or county as
	137	+	16 a building inspector.
	138	+	17 (2) An individual who is employed by another city, town, or
	139	+	18 county as a building inspector. or
	140	+	19 (3) A qualified individual private provider who is:
	141	+	20 (A) an architect registered under IC 25-4-1;
	142	+	21 (B) a professional engineer registered under IC 25-31-1; or
	143	+	22 (C) a certified building official (as defined in IC 36-7-2.5-3).
	144	+	23 or
	145	+	24 (D) a home inspector licensed under IC 25-20.2.
	146	+	25 (e) An applicant for a building permit may choose to have a
	147	+	26 private provider under subsection (d)(3) conduct the plan review
	148	+	27 or inspection as provided in IC 36-7-2.5.
	149	+	28 SECTION 4. IC 36-7-2.5 IS ADDED TO THE INDIANA CODE
	150	+	29 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	151	+	30 JANUARY 1, 2026]:
	152	+	31 Chapter 2.5. Class 2 Structure Building Permits
	153	+	32 Sec. 1. This chapter only applies to a unit that requires for a
	154	+	33 Class 2 structure:
	155	+	34 (1) issuance of a permit;
	156	+	35 (2) submission of construction documents or plans;
	157	+	36 (3) performance of a plan review;
	158	+	37 (4) performance of an inspection;
	159	+	38 (5) issuance of a certificate of occupancy;
	160	+	39 (6) submission of a certificate of completion and compliance;
	161	+	40 or
	162	+	41 (7) any combination of the actions in subdivisions (1) through
	163	+	42 (6).
	164	+	EH 1005—LS 7727/DI 87 4
	165	+	1 Sec. 2. As used in this chapter, "applicant" means a person who
	166	+	2 applies for a permit.
	167	+	3 Sec. 3. As used in this chapter, "application" means an
	168	+	4 application for a permit to conduct construction related activities
	169	+	5 involving a Class 2 structure.
	170	+	6 Sec. 4. As used in this chapter, "certified building official"
	171	+	7 means a person certified by the International Code Council as
	172	+	8 qualified to inspect and determine compliance of a Class 2
	173	+	structure with 9 the Indiana residential code (675 IAC 14).
	174	+	10 Sec. 5. As used in this chapter, "Class 2 structure" has the
	175	+	11 meaning set forth in IC 22-12-1-5.
	176	+	12 Sec. 6. As used in this chapter, "construction documents or
	177	+	13 plans" means written, graphic, and pictorial documents prepared
	178	+	14 or assembled for describing the design, location, and physical
	179	+	15 characteristics of the elements of a project necessary for obtaining
	180	+	16 a building permit. The term includes construction drawings drawn
	181	+	17 to an appropriate scale.
	182	+	18 Sec. 7. As used in this chapter, "local requirements" means any
	183	+	19 local regulatory requirements imposed by a unit for approval of an
	184	+	application, including any 20 requirements of:
	185	+	21 (1) state building codes;
	186	+	22 (2) local ordinances, zoning ordinances, and design standards;
	187	+	23 and
	188	+	24 (3) other applicable state and local laws, regulations, and
	189	+	25 ordinances.
	190	+	26 Sec. 8. As used in this chapter, "permit" means the following:
	191	+	27 (1) An improvement location permit.
	192	+	28 (2) A building permit.
	193	+	29 (3) A certificate of occupancy.
	194	+	30 (4) A certificate of completion and compliance.
	195	+	31 Sec. 9. As used in this chapter, "private provider" means a
	196	+	32 person who:
	197	+	33 (1) is:
	198	+	34 (A) an architect registered under IC 25-4-1;
	199	+	35 (B) a professional engineer registered under IC 25-31-1; or
	200	+	36 (C) a certified building official;
	201	+	37 (2) is not:
	202	+	38 (A) an employee of;
	203	+	39 (B) affiliated with; or
	204	+	40 (C) financially interested in;
	205	+	41 the person, firm, or corporation engaged in the project to be
	206	+	42 reviewed or inspected; and
	207	+	EH 1005—LS 7727/DI 87 5
	208	+	1 (3) is not an employee of a unit.
	209	+	2 Sec. 10. As used in this chapter, "regulatory fee" means a
	210	+	3 payment:
	211	+	4 (1) designated as a permit fee, application fee, inspection fee,
	212	+	5 impact fee, or by another name; and
	213	+	6 (2) that a unit requires in regulating construction related
	214	+	7 activities of Class 2 structures.
	215	+	8 Sec. 11. As used in this chapter, "unit" means a county, city, or
	216	+	9 town.
	217	+	10 Sec. 12. A unit must comply with this chapter in issuing a
	218	+	11 permit.
	219	+	12 Sec. 13. A unit shall provide an applicant with a schedule of the
	220	+	13 requirements for applying for and obtaining a permit, including
	221	+	14 the following:
	222	+	15 (1) A list of any plan reviews or inspections that are required
	223	+	16 by the unit. The schedule must state that an applicant:
	224	+	17 (A) may use:
	225	+	18 (i) the unit to conduct any plan review or inspection; or
	226	+	19 (ii) a private provider to conduct any plan review or
	227	+	20 inspection; and
	228	+	21 (B) must indicate on the application whether the applicant
	229	+	22 will use a private provider.
	230	+	23 (2) The timeline set forth in this chapter for notifications and
	231	+	24 submission of documents.
	232	+	25 (3) Any regulatory fees charged by the unit.
	233	+	26 (4) All of the requirements for a complete application. The
	234	+	27 schedule must specify any documents that must accompany
	235	+	28 the application, including any prior approvals or permits for:
	236	+	29 (A) zoning;
	237	+	30 (B) drainage;
	238	+	31 (C) sewer or septic;
	239	+	32 (D) wells;
	240	+	33 (E) driveways; or
	241	+	34 (F) flood control;
	242	+	35 that the applicant must obtain before applying for the permit.
	243	+	36 (5) If a private provider is used to conduct a plan review or
	244	+	37 inspection, a copy of the private provider's certificate of
	245	+	38 insurance indicating that the private provider satisfies the
	246	+	39 coverage amounts set forth in section 26 of this chapter.
	247	+	40 Sec. 14. An application is complete if the application includes
	248	+	41 the information and supporting documents set forth in the unit's
	249	+	42 schedule under section 13 of this chapter.
	250	+	EH 1005—LS 7727/DI 87 6
	251	+	1 Sec. 15. Except as provided in section 16 of this chapter, a unit
	252	+	2 shall deliver all notices under this chapter in an electronic format
	253	+	3 that provides for verification or acknowledgment of receipt of the
	254	+	4 notice.
	255	+	5 Sec. 16. (a) This subsection applies only to the notice provided
	256	+	6 by the unit under this section. If the unit transmits a notice to the
	257	+	7 applicant and does not receive an electronic verification or
	258	+	8 acknowledgment of receipt of the notice within three business (3)
	259	+	9 days after the date the notice is transmitted, the unit shall send the
	260	+	10 applicant a paper copy of the notice on the next business day by
	261	+	11 United States mail.
	262	+	12 (b) The unit has not more than three (3) business days after
	263	+	13 receiving an application to notify the applicant regarding whether
	264	+	14 the application is complete or incomplete.
	265	+	15 (c) If the applicant is notified that the application is incomplete:
	266	+	16 (1) the unit must identify in the notice any deficiencies in the
	267	+	17 application;
	268	+	18 (2) the applicant may submit application revisions in an
	269	+	19 electronic or paper format; and
	270	+	20 (3) the unit has three (3) business days after receiving the
	271	+	21 revisions to notify the applicant whether the application is
	272	+	22 complete or incomplete.
	273	+	23 (d) If the applicant:
	274	+	24 (1) submits revisions to the application; and
	275	+	25 (2) is notified by the unit:
	276	+	26 (A) that the application is still incomplete; and
	277	+	27 (B) of the application's deficiencies;
	278	+	28 the process of the applicant submitting revisions and the unit
	279	+	29 providing notification as to the completeness of the application
	280	+	30 within the time set forth in subsection (b) applies until the unit
	281	+	31 notifies the applicant that the application is complete.
	282	+	32 Sec. 17. If:
	283	+	33 (1) the unit notifies an applicant in writing that the
	284	+	34 application is complete; and
	285	+	35 (2) a plan review is required by the unit;
	286	+	36 the unit must complete the plan review not more than seven (7)
	287	+	37 business days after the date that notice is sent.
	288	+	38 Sec. 18. A unit must include in the notification of complete
	289	+	39 application under section 17 of this chapter a statement as to
	290	+	40 whether the unit is able to conduct:
	291	+	41 (1) a plan review (if required by the unit) not later than seven
	292	+	42 (7) business days after the date that notice is sent; and
	293	+	EH 1005—LS 7727/DI 87 7
	294	+	1 (2) inspection services not later than three (3) business days
	295	+	2 after receiving a written request for inspection.
	296	+	3 Sec. 19. An applicant may use a private provider to perform a
	297	+	4 plan review, an inspection, or both, regardless of whether the unit
	298	+	5 is able to conduct the activity or activities within the time set forth
	299	+	6 in section 18 of this chapter. The cost of any plan review or
	300	+	7 inspection performed by a private provider is at the applicant's
	301	+	8 own expense. The unit may also charge the applicant a convenience
	302	+	9 fee as provided in section 20 of this chapter.
	303	+	10 Sec. 20. If:
	304	+	11 (1) an applicant indicates on the application that the unit will
	305	+	12 perform the plan review or inspection;
	306	+	13 (2) the unit notifies the applicant under section 18 of this
	307	+	14 chapter that the unit is unable to perform a plan review or
	308	+	15 inspection within the time required; and
	309	+	16 (3) the applicant elects instead to use a private provider to
	310	+	17 perform the plan review or inspection;
	311	+	18 the unit shall refund any fees the applicant paid to the unit for a
	312	+	19 plan review or inspection. However, the unit may withhold from
	313	+	20 the refund or charge the applicant a convenience fee of not more
	314	+	21 than one hundred dollars ($100).
	315	+	22 Sec. 21. If a unit:
	316	+	23 (1) notifies the applicant that a plan review can be performed
	317	+	24 within:
	318	+	25 (A) the time set forth in section 18 of this chapter; or
	319	+	26 (B) any extension period mutually agreed to by the
	320	+	27 applicant and the unit; and
	321	+	28 (2) fails to complete the plan review within the time stated in
	322	+	29 subdivision (1);
	323	+	30 the unit shall issue a permit or a limited permit under section 22 of
	324	+	31 this chapter to the applicant not later than the next business day.
	325	+	32 Sec. 22. The unit may limit:
	326	+	33 (1) the scope of a permit issued under section 21 of this
	327	+	34 chapter; and
	328	+	35 (2) the areas of the site to which a permit may apply.
	329	+	36 However, the unit shall allow the applicant to begin work on the
	330	+	37 project if that portion of the initial phase of work is compliant with
	331	+	38 applicable codes, laws, and rules.
	332	+	39 Sec. 23. This section does not apply if the applicant uses a
	333	+	40 private provider to perform the plan review. Any delay in the
	334	+	41 processing of an application:
	335	+	42 (1) attributable to a cause outside the control of the unit; or
	336	+	EH 1005—LS 7727/DI 87 8
	337	+	1 (2) through the fault of the applicant;
	338	+	2 does not count toward the time set forth in section 18 of this
	339	+	3 chapter.
	340	+	4 Sec. 24. A private provider must conduct a plan review or an
	341	+	5 inspection that is at least as extensive as a plan review or inspection
	342	+	6 conducted by the unit.
	343	+	7 Sec. 25. Upon completing a plan review, a private provider shall
	344	+	8 prepare an affidavit certifying under oath that all of the following
	345	+	9 are true and correct to the best of the private provider's knowledge
	346	+	10 and belief and in accordance with the applicable professional
	347	+	11 standard of care:
	348	+	12 (1) The plans were reviewed by the affiant who:
	349	+	13 (A) is duly authorized to perform plan review under this
	350	+	14 chapter; and
	351	+	15 (B) holds the:
	352	+	16 (i) appropriate registration or certification; and
	353	+	17 (ii) insurance coverage stipulated in this chapter.
	354	+	18 (2) The plans comply with all applicable local requirements.
	355	+	19 (3) The plans submitted for plan review:
	356	+	20 (A) are in conformity with plans previously submitted to
	357	+	21 obtain governmental approvals required in the plan
	358	+	22 submittal process; and
	359	+	23 (B) do not make a change to the project reviewed for the
	360	+	24 approvals.
	361	+	25 Sec. 26. (a) A private provider providing plan review or
	362	+	26 inspection services must maintain insurance coverage for
	363	+	27 professional liability insurance of at least:
	364	+	28 (1) one million dollars ($1,000,000) per claim; and
	365	+	29 (2) two million dollars ($2,000,000) of aggregate coverage.
	366	+	30 (b) A complete application must include a copy of the private
	367	+	31 provider's certificate of insurance indicating the coverage amounts
	368	+	32 set forth in subsection (a).
	369	+	33 Sec. 27. A private provider's insurance must be a practice policy
	370	+	34 containing prior acts coverage for the private provider.
	371	+	35 Sec. 28. (a) Subject to subsection (b), a private provider may
	372	+	36 perform any plan review or inspection required by the unit,
	373	+	37 including:
	374	+	38 (1) inspections for footings, foundations, concrete slabs,
	375	+	39 framing, electrical, plumbing, heating, ventilation, and air
	376	+	40 conditioning; or
	377	+	41 (2) any other inspection necessary or required:
	378	+	42 (A) to determine compliance with regulatory
	379	+	EH 1005—LS 7727/DI 87 9
	380	+	1 requirements; and
	381	+	2 (B) for the issuance of a:
	382	+	3 (i) building permit; or
	383	+	4 (ii) certificate of occupancy;
	384	+	5 by the unit.
	385	+	6 (b) A private provider may perform a plan review or inspection
	386	+	7 that is only:
	387	+	8 (1) within the scope of the private provider's area of
	388	+	9 competency; and
	389	+	10 (2) if the private provider is a certified building official,
	390	+	11 within an area for which the certified building official has
	391	+	12 been issued a certification, license, or completion of training.
	392	+	13 Sec. 29. Nothing in this chapter authorizes a private provider to
	393	+	14 issue a building permit, improvement permit, certificate of
	394	+	15 occupancy, or any other permit or approval.
	395	+	16 Sec. 30. (a) A private provider shall submit a copy of the private
	396	+	17 provider's plan review report to the unit not later than five (5) days
	397	+	18 after the plan review report is completed. The plan review report
	398	+	19 may be submitted in a paper format or an electronic format.
	399	+	20 (b) A plan review report must include at least the following:
	400	+	21 (1) The private provider's affidavit required under section 25
	401	+	22 of this chapter.
	402	+	23 (2) Any applicable fees.
	403	+	24 (3) Any documents:
	404	+	25 (A) required by the unit; and
	405	+	26 (B) necessary to determine that the permit applicant has
	406	+	27 secured all other governmental approvals required by law.
	407	+	28 Sec. 31. The unit shall issue a permit not later than the next
	408	+	29 business day after receiving a complete plan review report from
	409	+	30 the private provider.
	410	+	31 Sec. 32. When a private provider submits a complete inspection
	411	+	32 report is submitted to the unit, the unit shall accept the private
	412	+	33 provider's inspection report without further inspection or approval
	413	+	34 by:
	414	+	35 (1) the inspectors; or
	415	+	36 (2) other personnel employed by the unit.
	416	+	37 Sec. 33. Nothing in this chapter shall be construed to limit any
	417	+	38 public or private right of action designed to provide protection,
	418	+	39 rights, or remedies for consumers.
	419	+	40 Sec. 34. The unit and agents of the unit shall be immune from
	420	+	41 liability:
	421	+	42 (1) to any person or party; and
	422	+	EH 1005—LS 7727/DI 87 10
	423	+	1 (2) for any action or inaction by:
	424	+	2 (A) an owner of a building; or
	425	+	3 (B) a private provider or a private provider's duly
	426	+	4 authorized representative;
	427	+	5 in connection with plan review and inspection services performed
	428	+	6 by private providers.
	429	+	7 Sec. 35. (a) A unit may not adopt or enforce any rules,
	430	+	8 procedures, policies, qualifications, or standards more stringent
	431	+	9 than those prescribed in this chapter.
	432	+	10 (b) A unit may not require a design professional (as defined in
	433	+	11 IC 22-15-3.2-3) to prepare construction documents, plans, or other
	434	+	12 filings for a Class 2 structure as part of an application under this
	435	+	13 chapter when constructed as prescribed by 675 IAC 14-4.4 or a
	436	+	14 most recent published edition of the International Residential
	437	+	15 Code.
	438	+	16 (c) A unit may require a design professional (as defined in
	439	+	17 IC 22-15-3.2-3) to prepare construction documents, plans, or other
	440	+	18 filings for a Class 2 structure as evidence or proof of equivalence
	441	+	19 of proposed alternate materials, appliances, equipment, or method
	442	+	20 of design or construction and once provided shall be permitted by
	443	+	21 the unit as an alternate.
	444	+	22 Sec. 36. Nothing in this chapter limits a unit from issuing a stop
	445	+	23 work order for a building project or any portion of a building
	446	+	24 project:
	447	+	25 (1) that may be effective immediately as provided by law,
	448	+	26 after giving notice and adequate opportunity to remedy the
	449	+	27 violation; and
	450	+	28 (2) if the unit determines that a condition on the building site
	451	+	29 constitutes an immediate threat to public safety and welfare.
	452	+	30 A stop work order issued for reasons of immediate threat to public
	453	+	31 safety and welfare may be appealed as provided by law.
	454	+	32 Sec. 37. When performing plan reviews or inspection services,
	455	+	33 a private provider is subject to the disciplinary guidelines of the
	456	+	34 private provider's professional licensing board. Any complaint
	457	+	35 processing, investigation, and discipline arising out of a private
	458	+	36 provider's performance of plan reviews or inspection services shall
	459	+	37 be conducted by the private provider's professional licensing
	460	+	38 board.
	461	+	39 Sec. 38. To the extent that a provision of this chapter conflicts
	462	+	40 with requirements of federal laws or regulations, or impairs a
	463	+	41 unit's receipt of federal funds, the provision shall not apply.
	464	+	42 SECTION 5. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
	465	+	EH 1005—LS 7727/DI 87 11
	466	+	1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	467	+	2 JANUARY 1, 2026]: Sec. 1109. (a) As used in this section, "local
	468	+	3 governmental agency" includes any agency, officer, board, or
	469	+	4 commission of a local unit of government that may issue:
	470	+	5 (1) a permit; or
	471	+	6 (2) an approval of a land use or an approval for the construction
	472	+	7 of a development, a building, or another structure.
	473	+	8 (b) As used in this section, "permit" means any of the following:
	474	+	9 (1) An improvement location permit.
	475	+	10 (2) A building permit.
	476	+	11 (3) A certificate of occupancy.
	477	+	12 (4) Approval of a site-specific development plan.
	478	+	13 (5) Approval of a primary or secondary plat.
	479	+	14 (6) Approval of a contingent use, conditional use, special
	480	+	15 exception or special use.
	481	+	16 (7) Approval of a planned unit development.
	482	+	17 (c) If a person files a complete application as required by the
	483	+	18 effective ordinances or rules of a local unit of government or a local
	484	+	19 governmental agency for a permit with the appropriate local
	485	+	20 governmental agency, the granting of the permit, and the granting of
	486	+	21 any secondary, additional, or related permits or approvals required
	487	+	22 from the same local governmental agency with respect to the general
	488	+	23 subject matter of the application for the first permit, are governed for
	489	+	24 at least three (3) years after the person applies for the permit by the
	490	+	25 statutes, ordinances, rules, development standards, and regulations in
	491	+	26 effect and applicable to the property when the application is filed, even
	492	+	27 if before the issuance of the permit or while the permit approval
	493	+	28 process is pending, or before the issuance of any secondary, additional,
	494	+	29 or related permits or approvals or while the secondary, additional, or
	495	+	30 related permit or approval process is pending, the statutes, ordinances,
	496	+	31 rules, development standards, or regulations governing the granting of
	497	+	32 the permit or approval are changed by the general assembly or the
	498	+	33 applicable local legislative body or regulatory body, regardless of
	499	+	34 whether such changes in the statutes, ordinances, rules, development
	500	+	35 standards, or regulations are part of a zoning ordinance, a subdivision
	501	+	36 control ordinance, or a statute, ordinance, or regulation that is based on
	502	+	37 the general police powers of the local unit of government. However,
	503	+	38 this subsection does not apply if the development or other activity to
	504	+	39 which the permit relates is not completed within ten (10) years after the
	505	+	40 development or activity is commenced.
	506	+	41 (d) Subsection (e) applies if:
	507	+	42 (1) either:
	508	+	EH 1005—LS 7727/DI 87 12
	509	+	1 (A) a local governmental agency issues to a person a permit or
	510	+	2 grants a person approval for the construction of a
	511	+	3 development, a building, or another structure; or
	512	+	4 (B) a permit or approval is not required from the local
	513	+	5 governmental agency for the construction of the development,
	514	+	6 building, or structure;
	515	+	7 (2) before beginning the construction of the development,
	516	+	8 building, or structure, the person must obtain a permit or approval
	517	+	9 for the construction of the development, building, or structure
	518	+	10 from a state governmental agency; and
	519	+	11 (3) the person has applied for the permit or requested the approval
	520	+	12 for the construction of the development, building, or structure
	521	+	13 from the state governmental agency within ninety (90) days of
	522	+	14 issuance of the permit by the local governmental agency.
	523	+	15 (e) Subject to subsection (f), if the conditions of subsection (d) are
	524	+	16 satisfied:
	525	+	17 (1) a permit or approval issued or granted to a person by the local
	526	+	18 governmental agency for the construction of the development,
	527	+	19 building, or structure; or
	528	+	20 (2) the person's right to construct the development, building, or
	529	+	21 structure without a permit or approval from the local
	530	+	22 governmental agency;
	531	+	23 is governed for at least three (3) years after the person applies for the
	532	+	24 permit by the statutes, ordinances, rules, development standards,
	533	+	25 regulations, and approvals in effect and applicable to the property when
	534	+	26 the person applies for the permit or requests approval from the state
	535	+	27 governmental agency for the construction of the development, building,
	536	+	28 or structure, even if before the commencement of the construction or
	537	+	29 while the permit application or approval request is pending with the
	538	+	30 state governmental agency the statutes governing the granting of the
	539	+	31 permit or approval from the local governmental agency are changed by
	540	+	32 the general assembly or the ordinances, rules, development standards,
	541	+	33 or regulations of the local unit of government or the local governmental
	542	+	34 agency are changed by the applicable local legislative body or
	543	+	35 regulatory body, regardless of whether such changes in the statutes,
	544	+	36 ordinances, rules, development standards, or regulations are part of a
	545	+	37 zoning ordinance, a subdivision control ordinance, or a statute,
	546	+	38 ordinance, or regulation that is based on the general police powers of
	547	+	39 the local unit of government. However, this subsection does not apply
	548	+	40 if the development or other activity to which the permit or approval
	549	+	41 request relates is not completed within ten (10) years after the
	550	+	42 development or activity is commenced.
	551	+	EH 1005—LS 7727/DI 87 13
	552	+	1 (f) Subsection (d) does not apply to property when it is
	553	+	2 demonstrated by the local or state governmental agency that the
	554	+	3 construction of the development, building, or structure would cause
	555	+	4 imminent peril to life or property.
	556	+	5 (g) This section does not apply to building codes under IC 22-13.
	557	+	6 (h) The following provision is considered to be included in any
	558	+	7 regulation adopted under section 601(d)(2)(B) of this chapter that sets
	559	+	8 forth requirements for signs:
	560	+	9 "The owner of any sign that is otherwise allowed by this
	561	+	10 regulation may substitute noncommercial copy in place of any
	562	+	11 other commercial or noncommercial copy. This substitution of
	563	+	12 copy may be made without the issuance of any additional permit
	564	+	13 by a local government agency. The purpose of this provision is to
	565	+	14 prevent any inadvertent favoring of commercial speech over
	566	+	15 noncommercial speech, or the favoring of any particular
	567	+	16 noncommercial message over any other noncommercial message.
	568	+	17 This provision prevails over any more specific provision in this
	569	+	18 regulation to the contrary.".
	570	+	19 (i) Notwithstanding any other law, This subsection does not apply
	571	+	20 to a permit to which IC 36-7-2.5 applies. A local governmental
	572	+	21 agency must, not later than twelve (12) business days after a person has
	573	+	22 filed a complete application for a permit for which approval is
	574	+	23 ministerial under IC 36-7-4-402 or an improvement location permit
	575	+	24 issued under the 800 series of this chapter and meets all conditions
	576	+	25 required under this chapter and any other statute, issue the permit to the
	577	+	26 person.
	578	+	EH 1005—LS 7727/DI 87 14
	579	+	COMMITTEE REPORT
	580	+	Mr. Speaker: Your Committee on Government and Regulatory
	581	+	Reform, to which was referred House Bill 1005, has had the same
	582	+	under consideration and begs leave to report the same back to the
	583	+	House with the recommendation that said bill be amended as follows:
	584	+	Page 2, delete lines 20 through 42, begin a new paragraph and
	585	+	insert:
	586	+	"SECTION 2. IC 34-30-2.1-583.7 IS ADDED TO THE INDIANA
	587	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	588	+	[EFFECTIVE JULY 1, 2025]: Sec. 583.7. IC 36-7-2.5-29 (Concerning
	589	+	immunity of a unit and employees for building plan reviews and
	590	+	inspection services by private providers).
	591	+	SECTION 3. IC 36-7-2-9.1, AS ADDED BY P.L.157-2024,
	592	+	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	593	+	JULY 1, 2025]: Sec. 9.1. (a) This section applies only to a Class 2
	594	+	structure for which a building permit is issued by a city, town, or
	595	+	county after June 30, 2024.
	596	+	(b) (a) This section does not apply to:
	597	+	(1) a manufactured housing community; or
	598	+	(2) a mobile home community;
	599	+	that is licensed, permitted, and inspected by the Indiana department of
	600	+	health or a local board of health.
	601	+	(b) This section applies only to a city, town, or county that
	602	+	requires a building permit, plan review, or inspection for the
	603	+	construction of a Class 2 structure.
	604	+	(c) As used in this section, "Class 2 structure" has the meaning set
	605	+	forth in IC 22-12-1-5.
	606	+	(d) A city, town, or county that requires a building permit for the
	607	+	construction of a Class 2 structure, may provide for must allow the
	608	+	plan review or inspection to be conducted by the following:
	609	+	(1) An individual who is employed by the city, town, or county as
	610	+	a building inspector.
	611	+	(2) An individual who is employed by another city, town, or
	612	+	county as a building inspector. or
	613	+	(3) A qualified individual private provider who is:
	614	+	(A) an architect registered under IC 25-4-1;
	615	+	(B) a professional engineer registered under IC 25-31-1;
	616	+	(C) a certified building official (as defined in IC 36-7-2.5-3);
	617	+	or
	618	+	(D) a home inspector licensed under IC 25-20.2.
	619	+	(e) An applicant for a building permit may choose to have a
	620	+	EH 1005—LS 7727/DI 87 15
	621	+	private provider under subsection (d)(3) conduct the plan review
	622	+	or inspection as provided in IC 36-7-2.5.
	623	+	SECTION 4. IC 36-7-2.5 IS ADDED TO THE INDIANA CODE
	624	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	625	+	JULY 1, 2025]:
	626	+	Chapter 2.5. Class 2 Structure Building Permits
	627	+	Sec. 1. This chapter only applies to a city, town, or county that
	628	+	requires one (1) or more of the following for a Class 2 structure:
	629	+	(1) A permit.
	630	+	(2) A plan review.
	631	+	(3) An inspection.
	632	+	(4) A certificate of occupancy.
	633	+	Sec. 2. As used in this chapter, "application" means an
	634	+	application for a permit to conduct construction related activities
	635	+	involving a Class 2 structure.
	636	+	Sec. 3. As used in this chapter, "certified building official"
	637	+	means a person certified by the International Code Council as
	638	+	qualified to inspect and determine compliance of a Class 2
	639	+	structure with the Indiana residential code (675 IAC 14).
	640	+	Sec. 4. As used in this chapter, "Class 2 structure" has the
	641	+	meaning set forth in IC 22-12-1-5.
	642	+	Sec. 5. As used in this chapter, "local requirements" means any
	643	+	local regulatory requirements imposed by a unit for approval of an
	644	+	application, including any requirements of:
	645	+	(1) state building codes;
	646	+	(2) local ordinances, zoning ordinances, and design standards;
	647	+	and
	648	+	(3) other applicable state and local laws, regulations, and
	649	+	ordinances.
	650	+	Sec. 6. As used in this chapter, "permit" means the following:
	651	+	(1) An improvement location permit.
	652	+	(2) A building permit.
	653	+	(3) A certificate of occupancy.
	654	+	Sec. 7. As used in this chapter, "private provider" means a
	655	+	person who:
	656	+	(1) is:
	657	+	(A) an architect registered under IC 25-4-1;
	658	+	(B) a professional engineer registered under IC 25-31-1;
	659	+	(C) a certified building official; or
	660	+	(D) a home inspector licensed under IC 25-20.2; and
	661	+	(2) is not:
	662	+	(A) an employee of;
	663	+	EH 1005—LS 7727/DI 87 16
	664	+	(B) affiliated with; or
	665	+	(C) financially interested in;
	666	+	the person, firm, or corporation engaged in the project to be
	667	+	reviewed or inspected.
	668	+	Sec. 8. As used in this chapter, "regulatory fee" means a
	669	+	payment:
	670	+	(1) designated as a permit fee, application fee, inspection fee,
	671	+	impact fee, or by another name; and
	672	+	(2) that a unit requires in regulating construction related
	673	+	activities of Class 2 structures.
	674	+	Sec. 9. A unit shall establish a schedule of the following:
	675	+	(1) Any:
	676	+	(A) local requirements imposed by the unit, including
	677	+	whether the unit requires plan reviews, inspections, or
	678	+	both; and
	679	+	(B) documentation the unit requires for an applicant to:
	680	+	(i) comply with the local requirements; or
	681	+	(ii) submit a complete application; and
	682	+	(2) Any regulatory fees which must approximate the
	683	+	reasonable cost of the actual regulatory activity performed by
	684	+	the unit.
	685	+	Sec. 10. A complete application includes all information and
	686	+	supporting documentation required by the unit to determine
	687	+	whether the application meets the local requirements for approval
	688	+	of the application.
	689	+	Sec. 11. (a) The unit has not more than three (3) business days
	690	+	after receiving an application to notify the applicant in writing
	691	+	whether the application is complete or incomplete.
	692	+	(b) If the applicant is notified that the application is incomplete:
	693	+	(1) the unit must identify in the written notice the deficiencies
	694	+	in the application;
	695	+	(2) the applicant may submit application revisions; and
	696	+	(3) the unit has three (3) business days after receiving the
	697	+	revisions to notify the applicant in writing whether the
	698	+	application is complete or incomplete.
	699	+	(c) If the applicant:
	700	+	(1) submits revisions to the application; and
	701	+	(2) is notified by the unit in writing:
	702	+	(A) that the application is still incomplete; and
	703	+	(B) of the deficiencies in the application;
	704	+	the process of the applicant submitting revisions and the unit
	705	+	providing notification as to the completeness of the application
	706	+	EH 1005—LS 7727/DI 87 17
	707	+	within the time set forth in subsection (b) applies until the unit
	708	+	notifies the applicant in writing that the application is complete.
	709	+	Sec. 12. If:
	710	+	(1) the unit notifies an applicant in writing that the
	711	+	application is complete; and
	712	+	(2) a plan review is required by the unit;
	713	+	the unit must complete the plan review not more than seven (7)
	714	+	business days after the date of the notification.
	715	+	Sec. 13. A unit must include in the notification of complete
	716	+	application under section 12 of this chapter a statement as to
	717	+	whether the unit is able to conduct:
	718	+	(1) a plan review (if required by the unit) not later than seven
	719	+	(7) business days after the date of the notice; and
	720	+	(2) inspection services not later than two (2) business days
	721	+	after receiving a written request for inspection.
	722	+	Sec. 14. An applicant may use a private provider to perform a
	723	+	plan review or inspection:
	724	+	(1) at the applicant's own expense; and
	725	+	(2) regardless of whether the unit is able to conduct a plan
	726	+	review or inspection within the time set forth in section 13 of
	727	+	this chapter.
	728	+	Sec. 15. The following apply if the applicant uses a private
	729	+	provider to conduct a plan review or inspection:
	730	+	(1) If the applicant uses a private provider after being notified
	731	+	that the unit is able to perform a plan review or inspection
	732	+	within the time set forth in section 13 of this chapter, the unit
	733	+	may charge the applicant a convenience fee that may not
	734	+	exceed the full amount of the regulatory fees associated with
	735	+	the regulatory action.
	736	+	(2) In all cases, the unit must reduce any regulatory fees
	737	+	associated with the plan review or inspection by fifty percent
	738	+	(50%).
	739	+	Sec. 16. If a unit:
	740	+	(1) states the plan review can be performed within:
	741	+	(A) the time set forth in section 13 of this chapter; or
	742	+	(B) any extension period mutually agreed to by the
	743	+	applicant and the unit; and
	744	+	(2) fails to complete the plan review within the time stated in
	745	+	subdivision (1);
	746	+	the unit shall issue the permit to the applicant not later than the
	747	+	next business day.
	748	+	Sec. 17. The unit may limit:
	749	+	EH 1005—LS 7727/DI 87 18
	750	+	(1) the scope of a permit issued under section 16 of this
	751	+	chapter; and
	752	+	(2) the areas of the site to which a permit may apply.
	753	+	However, the unit shall allow the applicant to begin work on the
	754	+	project if that portion of the initial phase of work is compliant with
	755	+	applicable codes, laws, and rules.
	756	+	Sec. 18. This section does not apply if the applicant uses a
	757	+	private provider to perform the plan review. Any delay in the
	758	+	processing of an application:
	759	+	(1) attributable to a cause outside the control of the unit; or
	760	+	(2) through the fault of the applicant;
	761	+	does not count toward the deadlines set forth in section 13 of this
	762	+	chapter.
	763	+	Sec. 19. A private provider must conduct a plan review or an
	764	+	inspection that is at least as extensive as a plan review or inspection
	765	+	conducted by the unit.
	766	+	Sec. 20. Upon completing a plan review, a private provider shall
	767	+	prepare an affidavit certifying under oath that all of the following
	768	+	are true and correct to the best of the private provider's knowledge
	769	+	and belief and in accordance with the applicable professional
	770	+	standard of care:
	771	+	(1) The plans were reviewed by the affiant who:
	772	+	(A) is duly authorized to perform plan review under this
	773	+	chapter; and
	774	+	(B) holds the:
	775	+	(i) appropriate registration or certification; and
	776	+	(ii) insurance coverage stipulated in this chapter.
	777	+	(2) The plans comply with all applicable local requirements.
	778	+	(3) The plans submitted for plan review:
	779	+	(A) are in conformity with plans previously submitted to
	780	+	obtain governmental approvals required in the plan
	781	+	submittal process; and
	782	+	(B) do not make a change to the project reviewed for the
	783	+	approvals.
	784	+	Sec. 21. (a) A private provider providing plan review or
	785	+	inspection services must maintain insurance coverage for
	786	+	professional liability insurance as follows:
	787	+	(1) If a project has a construction cost of not more than five
	788	+	million dollars ($5,000,000) at least one million dollars
	789	+	($1,000,000):
	790	+	(A) per claim; and
	791	+	(B) of aggregate coverage.
	792	+	EH 1005—LS 7727/DI 87 19
	793	+	(2) If a project has a construction cost of more than five
	794	+	million dollars ($5,000,000) at least two million dollars
	795	+	($2,000,000):
	796	+	(A) per claim; and
	797	+	(B) of aggregate coverage.
	798	+	(b) The permit applicant shall verify that the private provider
	799	+	is in compliance with the insurance requirements.
	800	+	Sec. 22. A private provider's insurance must be:
	801	+	(1) a practice policy containing prior acts coverage for the
	802	+	private provider; or
	803	+	(2) a project specific policy that continues in effect for at least
	804	+	two (2) years after the certificate of occupancy for the project
	805	+	is issued.
	806	+	Sec. 23. (a) Subject to subsection (b), a private provider may
	807	+	perform any plan review or inspection required by the unit,
	808	+	including:
	809	+	(1) inspections for footings, foundations, concrete slabs,
	810	+	framing, electrical, plumbing, heating, ventilation, and air
	811	+	conditioning; or
	812	+	(2) any other inspection necessary or required:
	813	+	(A) to determine compliance with regulatory
	814	+	requirements; and
	815	+	(B) for the issuance of a:
	816	+	(i) building permit; or
	817	+	(ii) certificate of occupancy;
	818	+	by the unit.
	819	+	(b) A private provider may perform a plan review or inspection
	820	+	that is only:
	821	+	(1) within the scope of the private provider's area of
	822	+	competency; and
	823	+	(2) if the private provider is a certified building official,
	824	+	within an area for which the certified building official has
	825	+	been issued a certification, license, or completion of training.
	826	+	Sec. 24. Nothing in this chapter authorizes a private provider to
	827	+	issue a building permit, improvement permit, certificate of
	828	+	occupancy, or any other permit or approval.
	829	+	Sec. 25. (a) An applicant shall submit a copy of the private
	830	+	provider's plan review report to the unit not later than five (5) days
	831	+	after the plan review report is completed.
	832	+	(b) A plan review report must include at least the following:
	833	+	(1) The private provider's affidavit required under section 20
	834	+	of this chapter.
	835	+	EH 1005—LS 7727/DI 87 20
	836	+	(2) Any applicable fees.
	837	+	(3) Any documents:
	838	+	(A) required by the unit; and
	839	+	(B) necessary to determine that the permit applicant has
	840	+	secured all other governmental approvals required by law.
	841	+	Sec. 26. The unit shall issue a permit not later than the next
	842	+	business day after receiving the plan review report from the
	843	+	private provider.
	844	+	Sec. 27. When a private provider's inspection report is
	845	+	submitted to the unit, the unit must accept the private provider's
	846	+	inspection report without further inspection or approval by:
	847	+	(1) the inspectors; or
	848	+	(2) other personnel employed by the unit.
	849	+	Sec. 28. Nothing in this chapter shall be construed to limit any
	850	+	public or private right of action designed to provide protection,
	851	+	rights, or remedies for consumers.
	852	+	Sec. 29. The unit and agents of the unit shall be immune from
	853	+	liability:
	854	+	(1) to any person or party; and
	855	+	(2) for any action or inaction by:
	856	+	(A) an owner of a building; or
	857	+	(B) a private provider or a private provider's duly
	858	+	authorized representative;
	859	+	in connection with plan review and inspection services by private
	860	+	providers.
	861	+	Sec. 30. A unit may not adopt or enforce any rules, procedures,
	862	+	policies, qualifications, or standards more stringent than those
	863	+	prescribed in this chapter.
	864	+	Sec. 31. Nothing in this chapter limits a unit from issuing a stop
	865	+	work order for a building project or any portion of a building
	866	+	project:
	867	+	(1) that may be effective immediately as provided by law,
	868	+	after giving notice and opportunity to remedy the violation;
	869	+	and
	870	+	(2) if the unit determines that a condition on the building site
	871	+	constitutes an immediate threat to public safety and welfare.
	872	+	A stop work order issued for reasons of immediate threat to public
	873	+	safety and welfare may be appealed as provided by law.
	874	+	Sec. 32. When performing plan reviews or inspection services,
	875	+	a private provider is subject to the disciplinary guidelines of the
	876	+	private provider's professional licensing board. Any complaint
	877	+	processing, investigation, and discipline arising out of a private
	878	+	EH 1005—LS 7727/DI 87 21
	879	+	provider's performance of plan reviews or inspection services shall
	880	+	be conducted by the private provider's professional licensing
	881	+	board.
	882	+	Sec. 33. To the extent that a provision of this chapter conflicts
	883	+	with requirements of federal laws or regulations, or impairs a
	884	+	unit's receipt of federal funds, the provision shall not apply.".
	885	+	Delete pages 3 through 11.
	886	+	Page 12, delete lines 1 through 34.
	887	+	Renumber all SECTIONS consecutively.
	888	+	and when so amended that said bill do pass.
	889	+	(Reference is to HB 1005 as introduced.
	890	+	MILLER D
	891	+	Committee Vote: yeas 11, nays 1.
	892	+	_____
	893	+	COMMITTEE REPORT
	894	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	895	+	referred House Bill 1005, has had the same under consideration and
	896	+	begs leave to report the same back to the House with the
	897	+	recommendation that said bill be amended as follows:
	898	+	Delete the title and insert the following:
	899	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	900	+	and local administration.
	901	+	Page 9, delete lines 18 through 24.
	902	+	Renumber all SECTIONS consecutively.
	903	+	and when so amended that said bill do pass.
	904	+	(Reference is to HB 1005 as printed January 27, 2025.)
	905	+	THOMPSON
	906	+	Committee Vote: yeas 22, nays 0.
	907	+	EH 1005—LS 7727/DI 87 22
	908	+	COMMITTEE REPORT
	909	+	Mr. President: The Senate Committee on Local Government, to
	910	+	which was referred House Bill No. 1005, has had the same under
	911	+	consideration and begs leave to report the same back to the Senate with
	912	+	the recommendation that said bill be AMENDED as follows:
	913	+	Replace the effective dates in SECTIONS 2 through 4 with
	914	+	"[EFFECTIVE JANUARY 1, 2026]".
	915	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	916	+	"SECTION 1. IC 5-1.2-15.5-14, AS AMENDED BY P.L.90-2024,
16	917		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	918		JULY 1, 2025]: Sec. 14. (a) The authority shall develop and use a
18	919		priority ranking system in making loans from the fund.
19	920		(b) The ranking system must prioritize making loans for eligible
20	921		projects to participants that have adopted and implemented a
21	922		majority of the following policies for residential housing:
22	923		(1) Have:
23	924		(A) invested in a housing study within the last five (5) years;
24	925		(B) had a housing study performed by a region's local
25	926		economic development organization; or
26	927		(C) demonstrated the need for housing inventory as indicated
27	928		by the Indiana state housing dashboard.
28	929		(2) Have voluntarily revised unified development ordinances,
29	930		zoning regulations, or other land development rules to allow for:
30	931		(A) higher density development of duplexes, triplexes, and
31	932		fourplexes in areas designated for single family homes;
32	933		(B) construction of other housing types including accessory
33	934		dwelling units and manufactured and modular housing;
34	935		(C) adaptive reuse of commercial buildings for residential use
35	936		such as allowing multifamily development in retail, office,
36		-	HEA 1005 — Concur 2
37	937		and light manufacturing zones; or
38	938		(D) increasing the allowable floor area ratio in multifamily
39	939		housing areas; or
40	940		(D) (E) waiver or elimination of regulations such as
41	941		requirements for:
42	942		(i) garage size and placement;
43	943		(ii) steeper roof pitch;
44	944		(iii) minimum lot size and square footage;
45	945		(iv) greater setbacks;
46	946		(v) off-street parking; or
47	947		(vi) design standards that restrict or prohibit the use of code
48	948		compliant products; or
	949	+	EH 1005—LS 7727/DI 87 23
49	950		(vii) property height limitations.
50	951		(3) Have streamlined or shortened the permitting processes
51	952		and timelines, including through one stop and parallel process
52	953		permitting.
53	954		(3) (4) Do not have impact fee ordinances.
54	955		(4) (5) Have secured private, local, state, or federal funds to
55	956		contribute to the eligible project.
56	957		(5) (6) Have secured a letter of support from an employer
57	958		stipulating that the public infrastructure will support residential
58	959		housing that is in reasonable proximity to employment. or
59	960		(6) (7) Assist homeowners to age in place through restoration or
60	961		renovation of existing homes.
61	962		(8) Have established density bonuses.
62	963		(9) Use property tax abatements to enable higher density and
63	964		mixed income communities.
64	965		(10) Have donated vacant land for affordable housing
65		-	development.
66		-	SECTION 2. IC 34-30-2.1-583.7 IS ADDED TO THE INDIANA
67		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
68		-	[EFFECTIVE JANUARY 1, 2026]: Sec. 583.7. IC 36-7-2.5-34
69		-	(Concerning immunity of a unit and employees for building plan
70		-	reviews and inspection services by private providers).
71		-	SECTION 3. IC 36-7-2-9.1, AS ADDED BY P.L.157-2024,
72		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73		-	JANUARY 1, 2026]: Sec. 9.1. (a) This section applies only to a Class
74		-	2 structure for which a building permit is issued by a city, town, or
75		-	county after June 30, 2024.
76		-	(b) (a) This section does not apply to:
77		-	(1) a manufactured housing community; or
78		-	(2) a mobile home community;
79		-	HEA 1005 — Concur 3
80		-	that is licensed, permitted, and inspected by the Indiana department of
81		-	health or a local board of health.
82		-	(b) This section applies only to a city, town, or county that
83		-	requires a building permit, plan review, or inspection for the
84		-	construction of a Class 2 structure.
85		-	(c) As used in this section, "Class 2 structure" has the meaning set
86		-	forth in IC 22-12-1-5.
87		-	(d) A city, town, or county that requires a building permit for the
88		-	construction of a Class 2 structure, may provide for shall allow the
89		-	plan review or inspection to be conducted by the following:
90		-	(1) An individual who is employed by the city, town, or county as
91		-	a building inspector.
92		-	(2) An individual who is employed by another city, town, or
93		-	county as a building inspector. or
94		-	(3) A qualified individual private provider who is:
95		-	(A) an architect registered under IC 25-4-1;
96		-	(B) a professional engineer registered under IC 25-31-1; or
97		-	(C) a certified building official (as defined in IC 36-7-2.5-3).
98		-	or
99		-	(D) a home inspector licensed under IC 25-20.2.
100		-	(e) An applicant for a building permit may choose to have a
101		-	private provider under subsection (d)(3) conduct the plan review
102		-	or inspection as provided in IC 36-7-2.5.
103		-	SECTION 4. IC 36-7-2.5 IS ADDED TO THE INDIANA CODE
104		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
105		-	JANUARY 1, 2026]:
106		-	Chapter 2.5. Class 2 Structure Building Permits
107		-	Sec. 1. This chapter only applies to a unit that requires for a
	966	+	development.".
	967	+	Page 2, delete lines 1 through 19.
	968	+	Page 2, line 22, delete "IC 36-7-2.5-29" and insert "IC 36-7-2.5-34".
	969	+	Page 2, line 41, delete "must" and insert "shall".
	970	+	Page 3, line 7, delete ";" and insert "; or".
	971	+	Page 3, line 8, delete ";" and insert ".".
	972	+	Page 3, strike lines 9 through 10.
	973	+	Page 3, delete lines 18 through 23, begin a new paragraph and
	974	+	insert:
	975	+	"Sec. 1. This chapter only applies to a unit that requires for a
108	976		Class 2 structure:
109	977		(1) issuance of a permit;
110	978		(2) submission of construction documents or plans;
111	979		(3) performance of a plan review;
112	980		(4) performance of an inspection;
113	981		(5) issuance of a certificate of occupancy;
114	982		(6) submission of a certificate of completion and compliance;
115	983		or
116	984		(7) any combination of the actions in subdivisions (1) through
117	985		(6).
118	986		Sec. 2. As used in this chapter, "applicant" means a person who
119		-	applies for a permit.
120		-	Sec. 3. As used in this chapter, "application" means an
121		-	application for a permit to conduct construction related activities
122		-	HEA 1005 — Concur 4
123		-	involving a Class 2 structure.
124		-	Sec. 4. As used in this chapter, "certified building official"
125		-	means a person certified by the International Code Council as
126		-	qualified to inspect and determine compliance of a Class 2
127		-	structure with the Indiana residential code (675 IAC 14).
128		-	Sec. 5. As used in this chapter, "Class 2 structure" has the
129		-	meaning set forth in IC 22-12-1-5.
130		-	Sec. 6. As used in this chapter, "construction documents or
	987	+	applies for a permit.".
	988	+	Page 3, line 24, delete "2." and insert "3.".
	989	+	Page 3, line 27, delete "3." and insert "4.".
	990	+	Page 3, line 31, delete "4." and insert "5.".
	991	+	Page 3, between lines 32 and 33, begin a new paragraph and insert:
	992	+	EH 1005—LS 7727/DI 87 24
	993	+	"Sec. 6. As used in this chapter, "construction documents or
131	994		plans" means written, graphic, and pictorial documents prepared
132	995		or assembled for describing the design, location, and physical
133	996		characteristics of the elements of a project necessary for obtaining
134	997		a building permit. The term includes construction drawings drawn
135		-	to an appropriate scale.
136		-	Sec. 7. As used in this chapter, "local requirements" means any
137		-	local regulatory requirements imposed by a unit for approval of an
138		-	application, including any requirements of:
139		-	(1) state building codes;
140		-	(2) local ordinances, zoning ordinances, and design standards;
141		-	and
142		-	(3) other applicable state and local laws, regulations, and
143		-	ordinances.
144		-	Sec. 8. As used in this chapter, "permit" means the following:
145		-	(1) An improvement location permit.
146		-	(2) A building permit.
147		-	(3) A certificate of occupancy.
148		-	(4) A certificate of completion and compliance.
149		-	Sec. 9. As used in this chapter, "private provider" means a
150		-	person who:
151		-	(1) is:
152		-	(A) an architect registered under IC 25-4-1;
153		-	(B) a professional engineer registered under IC 25-31-1; or
154		-	(C) a certified building official;
155		-	(2) is not:
156		-	(A) an employee of;
157		-	(B) affiliated with; or
158		-	(C) financially interested in;
159		-	the person, firm, or corporation engaged in the project to be
160		-	reviewed or inspected; and
161		-	(3) is not an employee of a unit.
162		-	Sec. 10. As used in this chapter, "regulatory fee" means a
163		-	payment:
164		-	(1) designated as a permit fee, application fee, inspection fee,
165		-	HEA 1005 — Concur 5
166		-	impact fee, or by another name; and
167		-	(2) that a unit requires in regulating construction related
168		-	activities of Class 2 structures.
169		-	Sec. 11. As used in this chapter, "unit" means a county, city, or
	998	+	to an appropriate scale.".
	999	+	Page 3, line 33, delete "5." and insert "7.".
	1000	+	Page 3, line 41, delete "6." and insert "8.".
	1001	+	Page 4, between lines 2 and 3, begin a new line block indented and
	1002	+	insert:
	1003	+	"(4) A certificate of completion and compliance.".
	1004	+	Page 4, line 3, delete "7." and insert "9.".
	1005	+	Page 4, line 7, delete ";" and insert "; or".
	1006	+	Page 4, line 8, delete "; or" and insert ";".
	1007	+	Page 4, delete line 9.
	1008	+	Page 4, line 15, delete "." and insert "; and
	1009	+	(3) is not an employee of a unit.".
	1010	+	Page 4, line 16, delete "8." and insert "10.".
	1011	+	Page 4, delete lines 22 through 42, begin a new paragraph and
	1012	+	insert:
	1013	+	"Sec. 11. As used in this chapter, "unit" means a county, city, or
170	1014		town.
171	1015		Sec. 12. A unit must comply with this chapter in issuing a
172	1016		permit.
173	1017		Sec. 13. A unit shall provide an applicant with a schedule of the
174	1018		requirements for applying for and obtaining a permit, including
175	1019		the following:
176	1020		(1) A list of any plan reviews or inspections that are required
177	1021		by the unit. The schedule must state that an applicant:
178	1022		(A) may use:
179	1023		(i) the unit to conduct any plan review or inspection; or
180	1024		(ii) a private provider to conduct any plan review or
181	1025		inspection; and
182	1026		(B) must indicate on the application whether the applicant
183	1027		will use a private provider.
184	1028		(2) The timeline set forth in this chapter for notifications and
185	1029		submission of documents.
186	1030		(3) Any regulatory fees charged by the unit.
187	1031		(4) All of the requirements for a complete application. The
188	1032		schedule must specify any documents that must accompany
189	1033		the application, including any prior approvals or permits for:
190	1034		(A) zoning;
	1035	+	EH 1005—LS 7727/DI 87 25
191	1036		(B) drainage;
192	1037		(C) sewer or septic;
193	1038		(D) wells;
194	1039		(E) driveways; or
195	1040		(F) flood control;
196	1041		that the applicant must obtain before applying for the permit.
197	1042		(5) If a private provider is used to conduct a plan review or
198	1043		inspection, a copy of the private provider's certificate of
199	1044		insurance indicating that the private provider satisfies the
200	1045		coverage amounts set forth in section 26 of this chapter.
201	1046		Sec. 14. An application is complete if the application includes
202	1047		the information and supporting documents set forth in the unit's
203	1048		schedule under section 13 of this chapter.
204	1049		Sec. 15. Except as provided in section 16 of this chapter, a unit
205	1050		shall deliver all notices under this chapter in an electronic format
206	1051		that provides for verification or acknowledgment of receipt of the
207	1052		notice.
208		-	HEA 1005 — Concur 6
209	1053		Sec. 16. (a) This subsection applies only to the notice provided
210	1054		by the unit under this section. If the unit transmits a notice to the
211	1055		applicant and does not receive an electronic verification or
212	1056		acknowledgment of receipt of the notice within three business (3)
213	1057		days after the date the notice is transmitted, the unit shall send the
214	1058		applicant a paper copy of the notice on the next business day by
215	1059		United States mail.
216	1060		(b) The unit has not more than three (3) business days after
217	1061		receiving an application to notify the applicant regarding whether
218	1062		the application is complete or incomplete.
219	1063		(c) If the applicant is notified that the application is incomplete:
220	1064		(1) the unit must identify in the notice any deficiencies in the
221	1065		application;
222	1066		(2) the applicant may submit application revisions in an
223	1067		electronic or paper format; and
224	1068		(3) the unit has three (3) business days after receiving the
225	1069		revisions to notify the applicant whether the application is
226	1070		complete or incomplete.
227	1071		(d) If the applicant:
228	1072		(1) submits revisions to the application; and
229	1073		(2) is notified by the unit:
230	1074		(A) that the application is still incomplete; and
231	1075		(B) of the application's deficiencies;
232	1076		the process of the applicant submitting revisions and the unit
233	1077		providing notification as to the completeness of the application
	1078	+	EH 1005—LS 7727/DI 87 26
234	1079		within the time set forth in subsection (b) applies until the unit
235		-	notifies the applicant that the application is complete.
236		-	Sec. 17. If:
237		-	(1) the unit notifies an applicant in writing that the
238		-	application is complete; and
239		-	(2) a plan review is required by the unit;
240		-	the unit must complete the plan review not more than seven (7)
241		-	business days after the date that notice is sent.
242		-	Sec. 18. A unit must include in the notification of complete
243		-	application under section 17 of this chapter a statement as to
244		-	whether the unit is able to conduct:
245		-	(1) a plan review (if required by the unit) not later than seven
246		-	(7) business days after the date that notice is sent; and
247		-	(2) inspection services not later than three (3) business days
248		-	after receiving a written request for inspection.
249		-	Sec. 19. An applicant may use a private provider to perform a
	1080	+	notifies the applicant that the application is complete.".
	1081	+	Page 5, delete lines 1 through 13.
	1082	+	Page 5, line 14, delete "12." and insert "17.".
	1083	+	Page 5, line 19, delete "of the notification." and insert "that notice
	1084	+	is sent.".
	1085	+	Page 5, line 20, delete "13." and insert "18.".
	1086	+	Page 5, line 21, delete "12" and insert "17".
	1087	+	Page 5, line 24, delete "of the notice;" and insert "that notice is
	1088	+	sent;".
	1089	+	Page 5, line 25, delete "two (2)" and insert "three (3)".
	1090	+	Page 5, delete lines 27 through 42, begin a new paragraph and
	1091	+	insert:
	1092	+	"Sec. 19. An applicant may use a private provider to perform a
250	1093		plan review, an inspection, or both, regardless of whether the unit
251		-	HEA 1005 — Concur 7
252	1094		is able to conduct the activity or activities within the time set forth
253	1095		in section 18 of this chapter. The cost of any plan review or
254	1096		inspection performed by a private provider is at the applicant's
255	1097		own expense. The unit may also charge the applicant a convenience
256	1098		fee as provided in section 20 of this chapter.
257	1099		Sec. 20. If:
258	1100		(1) an applicant indicates on the application that the unit will
259	1101		perform the plan review or inspection;
260	1102		(2) the unit notifies the applicant under section 18 of this
261	1103		chapter that the unit is unable to perform a plan review or
262	1104		inspection within the time required; and
263	1105		(3) the applicant elects instead to use a private provider to
264	1106		perform the plan review or inspection;
265	1107		the unit shall refund any fees the applicant paid to the unit for a
266	1108		plan review or inspection. However, the unit may withhold from
267	1109		the refund or charge the applicant a convenience fee of not more
268	1110		than one hundred dollars ($100).
269	1111		Sec. 21. If a unit:
270	1112		(1) notifies the applicant that a plan review can be performed
271	1113		within:
272	1114		(A) the time set forth in section 18 of this chapter; or
273	1115		(B) any extension period mutually agreed to by the
274	1116		applicant and the unit; and
275	1117		(2) fails to complete the plan review within the time stated in
276	1118		subdivision (1);
277	1119		the unit shall issue a permit or a limited permit under section 22 of
278		-	this chapter to the applicant not later than the next business day.
279		-	Sec. 22. The unit may limit:
280		-	(1) the scope of a permit issued under section 21 of this
281		-	chapter; and
282		-	(2) the areas of the site to which a permit may apply.
283		-	However, the unit shall allow the applicant to begin work on the
284		-	project if that portion of the initial phase of work is compliant with
285		-	applicable codes, laws, and rules.
286		-	Sec. 23. This section does not apply if the applicant uses a
287		-	private provider to perform the plan review. Any delay in the
288		-	processing of an application:
289		-	(1) attributable to a cause outside the control of the unit; or
290		-	(2) through the fault of the applicant;
291		-	does not count toward the time set forth in section 18 of this
292		-	chapter.
293		-	Sec. 24. A private provider must conduct a plan review or an
294		-	HEA 1005 — Concur 8
295		-	inspection that is at least as extensive as a plan review or inspection
296		-	conducted by the unit.
297		-	Sec. 25. Upon completing a plan review, a private provider shall
298		-	prepare an affidavit certifying under oath that all of the following
299		-	are true and correct to the best of the private provider's knowledge
300		-	and belief and in accordance with the applicable professional
301		-	standard of care:
302		-	(1) The plans were reviewed by the affiant who:
303		-	(A) is duly authorized to perform plan review under this
304		-	chapter; and
305		-	(B) holds the:
306		-	(i) appropriate registration or certification; and
307		-	(ii) insurance coverage stipulated in this chapter.
308		-	(2) The plans comply with all applicable local requirements.
309		-	(3) The plans submitted for plan review:
310		-	(A) are in conformity with plans previously submitted to
311		-	obtain governmental approvals required in the plan
312		-	submittal process; and
313		-	(B) do not make a change to the project reviewed for the
314		-	approvals.
315		-	Sec. 26. (a) A private provider providing plan review or
	1120	+	this chapter to the applicant not later than the next business day.".
	1121	+	EH 1005—LS 7727/DI 87 27
	1122	+	Page 6, delete lines 1 through 10.
	1123	+	Page 6, line 11, delete "17." and insert "22.".
	1124	+	Page 6, line 12, delete "16" and insert "21".
	1125	+	Page 6, line 18, delete "18." and insert "23.".
	1126	+	Page 6, line 23, delete "deadlines" and insert "time".
	1127	+	Page 6, line 23, delete "13" and insert "18".
	1128	+	Page 6, line 25, delete "19." and insert "24.".
	1129	+	Page 6, line 28, delete "20." and insert "25.".
	1130	+	Page 7, delete lines 4 through 24, begin a new paragraph and insert:
	1131	+	"Sec. 26. (a) A private provider providing plan review or
316	1132		inspection services must maintain insurance coverage for
317	1133		professional liability insurance of at least:
318	1134		(1) one million dollars ($1,000,000) per claim; and
319	1135		(2) two million dollars ($2,000,000) of aggregate coverage.
320	1136		(b) A complete application must include a copy of the private
321	1137		provider's certificate of insurance indicating the coverage amounts
322	1138		set forth in subsection (a).
323	1139		Sec. 27. A private provider's insurance must be a practice policy
324		-	containing prior acts coverage for the private provider.
325		-	Sec. 28. (a) Subject to subsection (b), a private provider may
326		-	perform any plan review or inspection required by the unit,
327		-	including:
328		-	(1) inspections for footings, foundations, concrete slabs,
329		-	framing, electrical, plumbing, heating, ventilation, and air
330		-	conditioning; or
331		-	(2) any other inspection necessary or required:
332		-	(A) to determine compliance with regulatory
333		-	requirements; and
334		-	(B) for the issuance of a:
335		-	(i) building permit; or
336		-	(ii) certificate of occupancy;
337		-	HEA 1005 — Concur 9
338		-	by the unit.
339		-	(b) A private provider may perform a plan review or inspection
340		-	that is only:
341		-	(1) within the scope of the private provider's area of
342		-	competency; and
343		-	(2) if the private provider is a certified building official,
344		-	within an area for which the certified building official has
345		-	been issued a certification, license, or completion of training.
346		-	Sec. 29. Nothing in this chapter authorizes a private provider to
347		-	issue a building permit, improvement permit, certificate of
348		-	occupancy, or any other permit or approval.
349		-	Sec. 30. (a) A private provider shall submit a copy of the private
350		-	provider's plan review report to the unit not later than five (5) days
351		-	after the plan review report is completed. The plan review report
352		-	may be submitted in a paper format or an electronic format.
353		-	(b) A plan review report must include at least the following:
354		-	(1) The private provider's affidavit required under section 25
355		-	of this chapter.
356		-	(2) Any applicable fees.
357		-	(3) Any documents:
358		-	(A) required by the unit; and
359		-	(B) necessary to determine that the permit applicant has
360		-	secured all other governmental approvals required by law.
361		-	Sec. 31. The unit shall issue a permit not later than the next
362		-	business day after receiving a complete plan review report from
363		-	the private provider.
364		-	Sec. 32. When a private provider submits a complete inspection
365		-	report is submitted to the unit, the unit shall accept the private
366		-	provider's inspection report without further inspection or approval
367		-	by:
368		-	(1) the inspectors; or
369		-	(2) other personnel employed by the unit.
370		-	Sec. 33. Nothing in this chapter shall be construed to limit any
371		-	public or private right of action designed to provide protection,
372		-	rights, or remedies for consumers.
373		-	Sec. 34. The unit and agents of the unit shall be immune from
374		-	liability:
375		-	(1) to any person or party; and
376		-	(2) for any action or inaction by:
377		-	(A) an owner of a building; or
378		-	(B) a private provider or a private provider's duly
379		-	authorized representative;
380		-	HEA 1005 — Concur 10
381		-	in connection with plan review and inspection services performed
382		-	by private providers.
383		-	Sec. 35. (a) A unit may not adopt or enforce any rules,
384		-	procedures, policies, qualifications, or standards more stringent
385		-	than those prescribed in this chapter.
386		-	(b) A unit may not require a design professional (as defined in
	1140	+	containing prior acts coverage for the private provider.".
	1141	+	Page 7, line 25, delete "23." and insert "28.".
	1142	+	Page 8, line 3, delete "24." and insert "29.".
	1143	+	Page 8, delete lines 6 through 8, begin a new paragraph and insert:
	1144	+	"Sec. 30. (a) A private provider shall submit a copy of the
	1145	+	private provider's plan review report to the unit not later than five
	1146	+	(5) days after the plan review report is completed. The plan review
	1147	+	report may be submitted in a paper format or an electronic
	1148	+	format.".
	1149	+	Page 8, line 10, delete "20" and insert "25".
	1150	+	Page 8, line 17, delete "26." and insert "31.".
	1151	+	Page 8, line 18, delete "the plan" and insert "a complete plan".
	1152	+	Page 8, line 20, delete "27." and insert "32.".
	1153	+	Page 8, line 20, delete "provider's" and insert "provider submits a
	1154	+	complete".
	1155	+	Page 8, line 21, delete "must" and insert "shall".
	1156	+	Page 8, line 25, delete "28." and insert "33.".
	1157	+	Page 8, line 28, delete "29." and insert "34.".
	1158	+	Page 8, line 35, after "services" insert "performed".
	1159	+	Page 8, line 37, delete "30." and insert "35. (a)".
	1160	+	Page 8, between lines 39 and 40, begin a new paragraph and insert:
	1161	+	"(b) A unit may not require a design professional (as defined in
387	1162		IC 22-15-3.2-3) to prepare construction documents, plans, or other
388	1163		filings for a Class 2 structure as part of an application under this
	1164	+	EH 1005—LS 7727/DI 87 28
389	1165		chapter when constructed as prescribed by 675 IAC 14-4.4 or a
390	1166		most recent published edition of the International Residential
391	1167		Code.
392	1168		(c) A unit may require a design professional (as defined in
393	1169		IC 22-15-3.2-3) to prepare construction documents, plans, or other
394	1170		filings for a Class 2 structure as evidence or proof of equivalence
395	1171		of proposed alternate materials, appliances, equipment, or method
396	1172		of design or construction and once provided shall be permitted by
397		-	the unit as an alternate.
398		-	Sec. 36. Nothing in this chapter limits a unit from issuing a stop
399		-	work order for a building project or any portion of a building
400		-	project:
401		-	(1) that may be effective immediately as provided by law,
402		-	after giving notice and adequate opportunity to remedy the
403		-	violation; and
404		-	(2) if the unit determines that a condition on the building site
405		-	constitutes an immediate threat to public safety and welfare.
406		-	A stop work order issued for reasons of immediate threat to public
407		-	safety and welfare may be appealed as provided by law.
408		-	Sec. 37. When performing plan reviews or inspection services,
409		-	a private provider is subject to the disciplinary guidelines of the
410		-	private provider's professional licensing board. Any complaint
411		-	processing, investigation, and discipline arising out of a private
412		-	provider's performance of plan reviews or inspection services shall
413		-	be conducted by the private provider's professional licensing
414		-	board.
415		-	Sec. 38. To the extent that a provision of this chapter conflicts
416		-	with requirements of federal laws or regulations, or impairs a
417		-	unit's receipt of federal funds, the provision shall not apply.
418		-	SECTION 5. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
	1173	+	the unit as an alternate.".
	1174	+	Page 8, line 40, delete "31." and insert "36.".
	1175	+	Page 9, line 2, after "and" insert "adequate".
	1176	+	Page 9, line 8, delete "32." and insert "37.".
	1177	+	Page 9, line 15, delete "33." and insert "38.".
	1178	+	Page 9, after line 17, begin a new paragraph and insert:
	1179	+	"SECTION 5. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
419	1180		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
420	1181		JANUARY 1, 2026]: Sec. 1109. (a) As used in this section, "local
421	1182		governmental agency" includes any agency, officer, board, or
422	1183		commission of a local unit of government that may issue:
423		-	HEA 1005 — Concur 11
424	1184		(1) a permit; or
425	1185		(2) an approval of a land use or an approval for the construction
426	1186		of a development, a building, or another structure.
427	1187		(b) As used in this section, "permit" means any of the following:
428	1188		(1) An improvement location permit.
429	1189		(2) A building permit.
430	1190		(3) A certificate of occupancy.
431	1191		(4) Approval of a site-specific development plan.
432	1192		(5) Approval of a primary or secondary plat.
433	1193		(6) Approval of a contingent use, conditional use, special
434	1194		exception or special use.
435	1195		(7) Approval of a planned unit development.
436	1196		(c) If a person files a complete application as required by the
437	1197		effective ordinances or rules of a local unit of government or a local
438	1198		governmental agency for a permit with the appropriate local
439	1199		governmental agency, the granting of the permit, and the granting of
440	1200		any secondary, additional, or related permits or approvals required
441	1201		from the same local governmental agency with respect to the general
442	1202		subject matter of the application for the first permit, are governed for
443	1203		at least three (3) years after the person applies for the permit by the
444	1204		statutes, ordinances, rules, development standards, and regulations in
445	1205		effect and applicable to the property when the application is filed, even
446	1206		if before the issuance of the permit or while the permit approval
	1207	+	EH 1005—LS 7727/DI 87 29
447	1208		process is pending, or before the issuance of any secondary, additional,
448	1209		or related permits or approvals or while the secondary, additional, or
449	1210		related permit or approval process is pending, the statutes, ordinances,
450	1211		rules, development standards, or regulations governing the granting of
451	1212		the permit or approval are changed by the general assembly or the
452	1213		applicable local legislative body or regulatory body, regardless of
453	1214		whether such changes in the statutes, ordinances, rules, development
454	1215		standards, or regulations are part of a zoning ordinance, a subdivision
455	1216		control ordinance, or a statute, ordinance, or regulation that is based on
456	1217		the general police powers of the local unit of government. However,
457	1218		this subsection does not apply if the development or other activity to
458	1219		which the permit relates is not completed within ten (10) years after the
459	1220		development or activity is commenced.
460	1221		(d) Subsection (e) applies if:
461	1222		(1) either:
462	1223		(A) a local governmental agency issues to a person a permit or
463	1224		grants a person approval for the construction of a
464	1225		development, a building, or another structure; or
465	1226		(B) a permit or approval is not required from the local
466		-	HEA 1005 — Concur 12
467	1227		governmental agency for the construction of the development,
468	1228		building, or structure;
469	1229		(2) before beginning the construction of the development,
470	1230		building, or structure, the person must obtain a permit or approval
471	1231		for the construction of the development, building, or structure
472	1232		from a state governmental agency; and
473	1233		(3) the person has applied for the permit or requested the approval
474	1234		for the construction of the development, building, or structure
475	1235		from the state governmental agency within ninety (90) days of
476	1236		issuance of the permit by the local governmental agency.
477	1237		(e) Subject to subsection (f), if the conditions of subsection (d) are
478	1238		satisfied:
479	1239		(1) a permit or approval issued or granted to a person by the local
480	1240		governmental agency for the construction of the development,
481	1241		building, or structure; or
482	1242		(2) the person's right to construct the development, building, or
483	1243		structure without a permit or approval from the local
484	1244		governmental agency;
485	1245		is governed for at least three (3) years after the person applies for the
486	1246		permit by the statutes, ordinances, rules, development standards,
487	1247		regulations, and approvals in effect and applicable to the property when
488	1248		the person applies for the permit or requests approval from the state
489	1249		governmental agency for the construction of the development, building,
	1250	+	EH 1005—LS 7727/DI 87 30
490	1251		or structure, even if before the commencement of the construction or
491	1252		while the permit application or approval request is pending with the
492	1253		state governmental agency the statutes governing the granting of the
493	1254		permit or approval from the local governmental agency are changed by
494	1255		the general assembly or the ordinances, rules, development standards,
495	1256		or regulations of the local unit of government or the local governmental
496	1257		agency are changed by the applicable local legislative body or
497	1258		regulatory body, regardless of whether such changes in the statutes,
498	1259		ordinances, rules, development standards, or regulations are part of a
499	1260		zoning ordinance, a subdivision control ordinance, or a statute,
500	1261		ordinance, or regulation that is based on the general police powers of
501	1262		the local unit of government. However, this subsection does not apply
502	1263		if the development or other activity to which the permit or approval
503	1264		request relates is not completed within ten (10) years after the
504	1265		development or activity is commenced.
505	1266		(f) Subsection (d) does not apply to property when it is
506	1267		demonstrated by the local or state governmental agency that the
507	1268		construction of the development, building, or structure would cause
508	1269		imminent peril to life or property.
509		-	HEA 1005 — Concur 13
510	1270		(g) This section does not apply to building codes under IC 22-13.
511	1271		(h) The following provision is considered to be included in any
512	1272		regulation adopted under section 601(d)(2)(B) of this chapter that sets
513	1273		forth requirements for signs:
514	1274		"The owner of any sign that is otherwise allowed by this
515	1275		regulation may substitute noncommercial copy in place of any
516	1276		other commercial or noncommercial copy. This substitution of
517	1277		copy may be made without the issuance of any additional permit
518	1278		by a local government agency. The purpose of this provision is to
519	1279		prevent any inadvertent favoring of commercial speech over
520	1280		noncommercial speech, or the favoring of any particular
521	1281		noncommercial message over any other noncommercial message.
522	1282		This provision prevails over any more specific provision in this
523	1283		regulation to the contrary.".
524	1284		(i) Notwithstanding any other law, This subsection does not apply
525	1285		to a permit to which IC 36-7-2.5 applies. A local governmental
526	1286		agency must, not later than twelve (12) business days after a person has
527	1287		filed a complete application for a permit for which approval is
528	1288		ministerial under IC 36-7-4-402 or an improvement location permit
529	1289		issued under the 800 series of this chapter and meets all conditions
530	1290		required under this chapter and any other statute, issue the permit to the
531		-	person.
532		-	HEA 1005 — Concur Speaker of the House of Representatives
533		-	President of the Senate
534		-	President Pro Tempore
535		-	Governor of the State of Indiana
536		-	Date: Time:
537		-	HEA 1005 — Concur
	1291	+	person.".
	1292	+	EH 1005—LS 7727/DI 87 31
	1293	+	Renumber all SECTIONS consecutively.
	1294	+	and when so amended that said bill do pass.
	1295	+	(Reference is to HB 1005 as printed February 6, 2025.)
	1296	+	BUCK, Chairperson
	1297	+	Committee Vote: Yeas 9, Nays 1.
	1298	+	EH 1005—LS 7727/DI 87