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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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