Business Owner's Guide

II. SPECIFIC LICENSING & PERMITTING ISSUES

II-A. BUILDING / FACILITY OWNERSHIP

II-A-1. Construction and Building Renovation
The Division of Fire and Building Safety ensures state code uniformity in design, construction standards, and code enforcement for new buildings and building renovations.

II-A-1-a. Plan Review
The Plan Review Branch reviews plans for construction and alteration of Class I structures for compliance with applicable adopted codes and standards, and prepares design releases for approval by the Division of Fire and Building Safety.

For more information, contact:
Department of Homeland Security, Division of Fire and Building Safety
Indiana Government Center South
402 W. Washington St. Room E245
Indianapolis, IN 46204
317-232-6422
http://www.in.gov/dhs/

II-A-1-b. Elevator Safety
The Elevators and Amusement Section regulates the safety of elevator; escalator and amusement ride operation. A certified safety inspector must perform initial and annual inspections. For questions, call 317-232-2670.

II-A-1-c. Boiler and Pressure Vessel Safety
A boiler or pressure vessel is a container that holds gas or liquid under pressure, producing steam, heat, or electricity. The Boiler and Pressure Vessel Safety Section provides the administrative, technical and professional support to all agencies and organizations associated with Indiana requirements for regulations of boilers and pressure vessels. This division makes periodic inspections by a certified boiler inspector for regulated boilers or pressure vessels not exempt by statute (IC-22-12-1-20). Questions call: 317-232-1921.

II-A-2. FIRE SAFETY
The Fire Emergency Service Branch of the Division of Fire and Building Safety conducts fire safety inspections of all types of occupied buildings, except one-and two-family homes and manufactured housing, throughout Indiana.

These inspected buildings include schools, hospitals, nursing homes, day care centers, correctional facilities, restaurants, hotels, motels and stores. All of these buildings must be in compliance with the Indiana Fire Prevention Code and other Indiana safety laws.

The Department of Fire and Building Safety is also part of the plan review process (pre-construction). The Office of the State Fire Marshal, Inspection Branch, works with local fire officials to assure that all places of public assembly are as fire safe as possible. Areas regulated by the Fire Marshal include: maximum seating; entertainment permits; fire suppression systems; and above ground storage tanks (for underground tanks, see Section III-A-3. Environmental Protection). For more information, contact:

Dept. of Homeland Security, Division of Fire & Bldg. Safety
Indiana Government Center South
402 W. Washington St. Room E241
Indianapolis, IN 46204
317-232-2222
http://www.in.gov/dhs/

Before or during construction contact your local building official and Local Economic Development Organization (LEDO) to check for local requirements and local resources available to your business.

II-A-3. ENVIRONMENTAL PROTECTION
The Indiana Department of Environmental Management (IDEM) issues several state and federal permits required before construction or expansion of certain facilities. IDEM encourages businesses planning a project to contact the agency to understand regulatory requirements and to help IDEM understand the project time frames. IDEM has permit review deadlines to provide efficient service within a reasonable time frame. These time frames vary depending on the type of permit, so early planning and coordination are essential. Failing to obtain the necessary permits can result in substantial fines. IDEM has developed an Internet based plain English environmental permit guide that can help your business or organization identify the types of permits or approvals you may need from IDEM. Contact:

Indiana Department of Environmental Management
100 North Senate Avenue / PO Box 6015
Indianapolis, IN 46204
317-232-8603 / 800-451-6027
http://www.in.gov/idem

The Compliance and Technical Assistance Program provides assistance to businesses and communities to help them achieve regulatory compliance. The service is confidential to encourage regulated entities to be proactive and voluntarily comply with environmental regulations. If businesses or communities are unsure if they are regulated or how regulations impact them, they may contact a representative in this program. In order to receive confidential services; please be sure to request a CTAP representative.

The Recycling Market Development Program provides loans and grants to promote and assist recycling throughout Indiana by focusing on economic development efforts of private recycling businesses. It is administered by the Indiana Department of Environmental Management (IDEM) and operates under the auspices of the Recycling and Energy Development Board as established by IC 4-23-5.5 For more information contact the Office of Pollution Prevention and Technical Assistance (OPPTA), at (800) 988-7901 or visit the website at http://www.in.gov/recycle/2713.htm.

The Indiana Waste Tire Management Fund program provides grants to Indiana organizations to undertake research, development, demonstration, and/or commercial manufacturing projects that help develop markets for the use of Indiana waste tires. For more information contact the Office of Pollution Prevention and Technical Assistance (OPPTA), at (800) 988-7901 or visit the website at http://www.in.gov/recycle/3047.htm.

II-A-3-a. Air Permits
Federal regulations require air permits to construct and operate new facilities, and to modify existing facilities for any businesses that emit specific amounts of air pollutants (lead, carbon monoxide, sulfur dioxide, etc.). Operations that do not exceed the specific amounts may still need to register with IDEM. Facilities that emit toxic pollutants, such as arsenic, asbestos, beryllium, benzene, mercury, vinyl chloride and coke oven emissions, may also need these permits. Demolition or renovation of buildings containing asbestos or removal of asbestos from buildings requires a permit. Worker certification in asbestos removal is also necessary.

II-A-3-b. Water Permits
Water permits are needed by facilities that discharge pollutants to surface water or discharge storm water to storm sewers or surface water. Such facilities include:

  • wastewater treatment plants,
  • industrial wastewater facilities,
  • facilities that discharge storm water,
  • facilities with runoff associated with industrial activity, and
  • storm water runoff from activities such as landscaping or construction that affect at least five acres.

II-A-3-c. Solid & Hazardous Waste Permits
Solid Waste Permits: Construction, Operation and Modification Permits are needed by industries that build, operate or want to expand solid waste facilities. Disposal of solid waste at an industry-owned location also requires a solid waste permit. Solid waste facilities include:

  • sanitary landfills,
  • construction/demolition disposal sites,
  • restricted waste sites,
  • solid waste processing facilities and transfer stations,
  • incinerators, and
  • infectious waste incinerators.

Solid wastes that do not require a solid waste permit (but are regulated through water permits) are solid and dissolved material in domestic sewage, irrigation return flows, or industrial discharges. Manure and crop residue used, as fertilizer or soil conditioners are not regulated if applied where the waste was generated.
Special Waste Permits: Disposal of special wastes requires prior approval from IDEM. These wastes include sludge, industrial process waste, pollution control waste, and contaminated soil, residue or debris resulting from the cleanup of a spill involving these wastes. Wastes that do not require approval from IDEM are coal ash, demolition and construction debris, and industrial or commercial waste similar to household waste (paper, cardboard, plastic, wood, metal scrap, etc.).

Hazardous Waste Permits: Businesses that generate or transport hazardous wastes must follow hazardous waste regulations. Businesses that treat, store or dispose of hazardous waste require a permit. A solid waste is a hazardous waste if the waste is not excluded as a hazardous waste in the Code of Federal Regulations and meets the criteria of a hazardous waste.

II-A-3-d. Other Environmental Programs
Underground Storage Tanks: Facilities with underground storage tanks containing a regulated petroleum product or hazardous waste substance must register the tanks with IDEM. Registration is not required for underground heating oil tanks.

Public Water Supply Program: Industries that supply water from their own sources (e.g., wells) to employees must do regular monitoring for all drinking water contaminants. IDEM has a standard monitoring framework for this program. However, no permit is required.

II-A-3-e. Working in a Wetland
The U.S. Army Corps of Engineers (COE), the U.S. Environmental Protection Agency (EPA), the Indiana Department of Environmental Management (IDEM), and the Indiana Department of Natural Resources (DNR) are the principal agencies that regulate wetlands and administer various permit programs.

The Federal Clean Water Act requires a permit from the Corps of Engineers’ (COE) for dredging and filling in water bodies including wetlands. The EPA has developed guidelines for COE to use in evaluating dredge spoil disposal sites and has the authority to prohibit use of particular sites. IDEM reviews all the Corps of Engineers' Section 404 dredge-and-fill applications to ensure that the proposed activities will not adversely affect water quality. IDEM must issue a Section 401 Water Quality Certification before the federal permit or license can be granted. If wetlands are located along streams, rivers, and natural lakes, disturbances to these wetlands may also require a permit form the Department of Natural Resources. Both the U.S. Army Corps of Engineers District Office and the DNR should be contacted regarding construction activities, such as filling, dredging, or draining in wetlands. For more information, contact:

Corps of Engineers
Louisville District - 502-315-6733
Detroit District - 313-226-2218
Chicago District – 312-846-5530

Indiana Department of Environmental Management
317-232-8603 or 800-451-6027
http://www.in.gov/idem

Department of Natural Resources
Division of Fish and Wildlife, Environmental Unit
402 W. Washington Street, Rm. W273
Indianapolis, IN 46204
317-232-4080
http://www.in.gov/dnr

Isolated wetlands (those wetlands not regulated under the federal Clean Water Act) are regulated under Indiana's State Isolated Wetlands law. Impacts to isolated wetlands require State Isolated Wetland Permits from IDEM. Because the federal government's jurisdiction is different than the state's, IDEM must be contacted to determine which, if any, state authorization(s) is/are needed before an applicant may legally discharge pollutants (including fill materials) to wetlands, streams, rivers, lakes, and other waters of the state.

Floodway (Flood Plain) Construction Permit: The Department of Natural Resources issues permits for construction, excavation, or filling in or on a floodway under the Flood Control Act which prohibits abodes or residences in or on a floodway. When construction activities are anticipated in or along streams and rivers the Division of Water should be contacted regarding permit requirements at the following address (Some DNR Dept. of Water Permits can now be submitted over the Internet, check out the following url for details)

Permit Administration Section, Division of Water
Department of Natural Resources
402 W. Washington Street, Rm. W264
Indianapolis, IN 46204-2748
317-232-4160
http://www.in.gov/dnr/water/