HomeMy WebLinkAboutProject exemptAntonio Xochitlatoa <antoniox203@gmail.com>
Project exempt
Plan Review <planreview@dhs.in.gov> Mon, Jul 23, 2018 at 9:50 AM
To: Antonio Xochitlatoa <antoniox203@gmail.com>
Mr. Xochitlatoa,
Generally the building departments accept our emails with the applicable exemption sections listed. Please send me
the direct contact information for the Department official if they require additional documentation and I will send
directly to them.
As stated previously, the work described is cosmetic and maintenance in character and does not substantially change
the building in a manner that would require a state design release. It may require the local building department review
and building permits, but does not require our review.
From your description of the work to change the O’Charly to your Mexican restaurant, it appears to fall within the
General Administrative Rules (GAR) for miscellaneous work. You are not adding partitions, not adding plumbing
fixtures or a kitchen hood or other work as outlined in the GAR, your work is exempt from submitting a state Design
Release. You may still be required to apply for local building department permits.
Here is an excerpt from the GAR that describes exempt work within the scope you have described:
675 IAC 12-6-4 Exemptions from design release requirement
Authority: IC 22-13-2-13
Affected: IC 4-21.5; IC 12-13-4-3; IC 22-15-3
Sec. 4. (a) Design releases are necessary for construction on all Class 1 structures, except the following:………
(2) Plumbing work as follows:
(A) Replacement of piping, valves, or fixtures, provided that the replacement does not involve relocation of fixtures.
(B) Installation of plumbing fixtures, provided that the drainage fixture unit count does not exceed five (5).
(C) Replacement of water heaters with a similar type and capacity in the same location.
(D) Installation of water heaters with a capacity of one hundred (100) gallons or less……
(5) Miscellaneous work as follows:
(A) Painting, papering, and replacement of coverings on:
(i) walls;
(ii) ceilings;
(iii) roofs; or
(iv) floors;
and similar finish work, including replacement or reglazing of glass.
(B) Cases, counters, and partitions not over six (6) feet in height.
(C) Penetrations of nonfire-rated exterior walls where the width of the opening:
(i) does not exceed six (6) feet; and
(ii) is not for a required exit.
(D) Installation of one (1) or more nonload-bearing partitions not to exceed a total of one hundred (100) lineal feet
in length provided it is not part of a corridor or a partition that is required to be of fire-resistive construction.
James D. Smith, AIA, NCARB | Senior Code Official
Division of Fire and Building Safety| Plan Review Branch
Indiana Department of Homeland Security
302 West Washington Street, Room E-245
Indianapolis, IN 46204
Tel: (317) 232-1426
Email: jasmith@dhs.in.gov
Web: http://www.in.gov/dhs/3658.htm
From: Antonio Xochitlatoa [mailto:antoniox203@gmail.com]
Sent: Wednesday, July 18, 2018 3:11 PM
To: Plan Review <planreview@dhs.in.gov>
Subject: Re: Project exempt
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Thank you for the clarification of the work that can be exempt for a design release. To move forward with the
Department of Community Services to obtain the certificate of occupancy, can I get a letter stating we are exempt from
submitting a state design release. The DOCS would like to see something in writing stating the exemption for us to
obtain the certificate of occupancy. We would appreciate it. Thank you
Antonio
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