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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.