Building an energy efficient home is an exciting and sometimes daunting project. Most people in this energy minded century want their home to be as energy efficient as possible within their means. Disputes may arise during the process regarding codes and in particular the 2012 Indiana Energy and Conservation Code
Architects and builders have had some trouble complying with these recent codes. So, what is a home builder/consumer to do when disputes arise? One avenue now available to home builders, who may also be consumers, is the following:
“Indiana Code 22-13-5 grants the Building Law Compliance Officer (formerly known as the Building Commissioner) in the Indiana Department of Homeland Security the authority to interpret a building law or a fire safety law. These interpretations may be issued upon the written request of an interested person, which refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law. Further, the Building Law Compliance Officer may issue a written interpretation of a building law or fire safety law whether or not the county or municipality has taken any action to enforce the building law or fire safety law. This means a home builder does not have to wait to be red tagged before requesting a written interpretation. Finally, a written interpretation binds the interested person and the county or municipality with whom the interested person has the dispute until the written interpretation is overruled by the Indiana Fire Prevention and Building Safety Commission. A written interpretation of a building law or fire safety law binds all counties and municipalities if the Building Law Compliance Officer publishes the written interpretation of the building law or fire safety law in the Indiana Register.”
Home builders or any “interested person” who have disputes regarding these Codes can now contact the Building Law Compliance Officer to have code interpretations reviewed and interpreted. Once the interpretation is published by the Compliance Officer and if favorable to the builder or “interested person”, it can only be overruled by the Indiana Fire Prevention and Building Safety Commission. So, building can continue until that time.
An interested person “ refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law”, which if interpreted correctly, includes consumers as well as builders. However, it’s highly likely that those who will use this new avenue for dispute resolution, will in fact be general contractors or professional developers/builders, who may be found to be non-compliant. Savvy consumers acting as GCs for the building of their own homes may also be able to use this to their advantage. But how the average consumer, who hires a builder or developer, but has issues with potential non-compliance, will use this avenue of dispute resolution, if at all, remains to be seen.
Though likely to be used mostly by professional builders, this option for disputes could also be an avenue for the normal consumer who hires a GC to build their home. IF, they know about it, that is. If you have concerns or questions on building an energy efficient home, contact Indy Advocate on more information on this subject matter.
