Section 14-27-7.5-16 - Request to have structure declared high hazard; notice(a) A property owner, the owner's representative, or an individual who resides downstream from a structure: (1) over which the department does not have jurisdiction under this chapter; and(2) that the property owner, the owner's representative, or the individual believes would cause a loss of life or serious damage to the person's home, industrial or commercial building, public utility, major highway, or railroad if the structure fails; may request in writing that the department declare the structure a high hazard structure.
(b) If the department receives a request under subsection (a), the department shall: (1) investigate the structure and the area downstream from the structure;(2) notify the owner of the structure that the structure is being investigated;(3) review written statements and technical documentation from any interested party; and(4) after considering the available information, determine whether or not the structure is a high hazard structure.(c) The department shall issue a written notice of the department's determination under subsection (b) to:(1) the individual who requested the determination; and(2) the owner of the structure that is the subject of the request.(d) Either: (1) the individual who requested a determination; or(2) the owner of the structure that is the subject of the request; may request an administrative review under IC 4-21.5-3-6 within thirty (30) days after receipt of the written determination.
(e) If the department determines that a structure is a high hazard structure under subsection (b), the provisions of this chapter concerning high hazard structures apply to the structure.Amended by P.L. 129-2022,SEC. 6, eff. 7/1/2022.As added by P.L. 71-2004, SEC.16.