Sec. 9. (a) The owner of a high hazard structure shall:
(1) have a professional engineer licensed under IC 25-31 make an engineering inspection of the high hazard structure at least one (1) time every two (2) years;
(2) submit a report of the inspection in a form approved by the department to the department. The report must include at least the following information:
(A) An evaluation of the structure's condition, spillway capacity, operational adequacy, and structural integrity.
(B) A determination of whether deficiencies exist that could lead to the failure of the structure, and recommendations for maintenance, repairs, and alterations to the structure to eliminate deficiencies, including a recommended schedule for necessary upgrades to the structure.
(b) If after an inspection under subsection (a) the licensed professional engineer who conducted the inspection determines that maintenance, repairs, or alterations to a high hazard structure are necessary to remedy deficiencies in the structure, the owner shall perform the recommended maintenance, repairs, or alterations.
(c) The department shall issue a notice of violation under section 11 of this chapter to the owner of a high hazard structure who fails to:
(1) have the structure inspected under subsection (a);
(2) perform recommended maintenance, repairs, or alterations to the structure under subsection (b); or
(3) biennially submit the inspection report prepared under subsection (a).
(d) The department may make an engineering inspection of a high hazard structure to ensure compliance with this chapter.
As added by P.L.148-2002, SEC.15. Amended by P.L.1-2003, SEC.60; P.L.186-2003, SEC.72.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 27. Levees, Dams, and Drainage
Chapter 7.5. Regulation of Dams
14-27-7.5-1. Applicability; Exception
14-27-7.5-2. "Hazard Classification System"
14-27-7.5-7. Maintenance, Repair, and Sale; Duties of Owner
14-27-7.5-8. Powers and Duties of Department; Hazard Classifications; Notice
14-27-7.5-10. Significant and Low Hazard Structures; Inspections; Reports; Fees
14-27-7.5-11. Notice of Violation
14-27-7.5-12. Emergency Measures to Protect Life and Property
14-27-7.5-14. Right of Entry Upon Premises; Notice
14-27-7.5-15. Exemption of Department From Liability
14-27-7.5-16. Request to Have Structure Declared High Hazard; Notice