ILNews

Homeowners must follow health codes

Jennifer Nelson
January 1, 2007
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Owners of houses or mobile homes they construct themselves still must follow Indiana health codes, the Indiana Court of Appeals ruled today. The appellate court overturned a trial court's ruling that a section of Indiana code exempted certain homeowners from obtaining a permit for septic systems.

At issue in Washington County Health Department and Mike Haddon v. Jeff and Robin White, No. 88A04-0703-CV-126, is whether the Whites' mobile home, which had a discharge pipe running from the bottom of it to the ground, was exempt from health-code and permit requirements.

Mike Haddon, a Washington County health officer, noticed two mobile homes on a property owned by the Whites in an unincorporated portion of Washington County. He saw a waste discharge pipe coming out of the bottom of one of the homes and knew the Whites had not gotten a permit for a septic system.

Haddon sent a letter to the Whites asking to inspect their property, pursuant to Indiana Code, to check for conditions that may foster or transmit diseases. The Whites refused inspection and filed a petition for injunctive relief that WCHD not be allowed to search their property without a valid search warrant. They also argued under Indiana Code 36-7-8-3(d), they weren't required to have any kind of permit for their mobile homes.

Haddon replied with a Notice and Order to Comply letter to the Whites, citing they had committed three health-code violations. WCHD also filed a counterclaim for injunctive relief, which the trial court denied. The court ruled the Whites were exempt to any permits under I.C. 36-7-8-3(d) part of Indiana building codes, which states, "an ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy."

Subsection (d) allows an individual to be exempt from building codes for unincorporated areas of a county, as long as the owner built the home him or herself for his or her own use. The Whites contend that even though they did not construct the mobile home themselves, additional construction was required, plumbing and electricity must be hooked up, and a concrete foundation poured. However, wrote Senior Judge George Hoffman, the Whites never produced any evidence they did this work themselves.

Because the Whites didn't build the mobile homes placed on their property, subsection (d) does not apply to them and they are required to comply with health-code regulations, specifically Indiana Code 410 IAC 6-8.1-33, which required them to obtain a permit for a sewage disposal system prior to putting the mobile homes on their property.

Judge Hoffman wrote that subsection (d) is not a global exception that exempts individuals from building codes and health codes. The trial court erred in concluding anyone who satisfies subsection (d) is exempt from the health codes and it erred in denying WCHD's petition for injunctive relief. The case is remanded to the trial court.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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