675 IAC 12-4-7 Application of changes in rules of commission to particular construction projects

Sec. 7. (a) Construction projects for which design releases must be obtained under 675 IAC 12-6 shall be done in compliance with the applicable rules of the commission in effect on the date the plans and specifications were filed with the division notwithstanding the repeal or amendment of any rule before the date the construction work is actually done. Accordingly, any enforcement action taken by the division concerning such construction shall appropriately cite the rules of the commission in effect at the time of the filing of the plans and specifications. (b) Notwithstanding subsection (a), the construction work may be done in accordance with any rule of the commission that takes effect subsequent to the filing of the plans and specifications and before the actual construction work being done, provided that an appropriate addenda and revision design release are issued under 675 IAC 12-6-18. (c) Construction that is exempt from the design release requirements of 675 IAC 12-6, but is not exempt from the application of the rules of the commission, shall be done in compliance with the rules of the commission in effect on the date the construction work is actually done. Recognizing that: (1) the rules may change during the course of construction on a particular project; and (2) uncertainty may exist as to when particular work was actually done; there shall be a rebuttable presumption that all construction for such an exempt project is done on the date the construction begins. The scope of this subsection includes construction on Class 1 structures exempted from the design release requirements by 675 IAC 12-6-4 and construction on Class 2 structures. (d) This section does not apply to applications of the rules of the commission not related to new construction.