675 IAC 12-6-20 Expiration of design releases

Sec. 20. (a) All design releases (except master plan releases) expire if the construction work on all buildings within the scope of the design release is not commenced within one (1) year of the date of the release. However, an owner holding an unexpired design release who is unable to commence construction work within one (1) year of the issuance of the design release for good and satisfactory reasons may apply for an extension of time within which he or she may commence work under that design release. The division may extend the design release one (1) time for a period not exceeding one hundred eighty (180) days if: (1) no changes have been made in the plans and specifications filed with the original application for a design release; (2) no changes to the rules of the commission applicable to the scope of the design release have been made; (3) the extension is requested in writing by the applicant verifying subdivision (1); (4) the release extension fee established by 675 IAC 12-3 has been paid; and (5) the extension of time will not adversely affect the public health, safety, or welfare. (b) If the construction work authorized by a design release is suspended or abandoned at any time after construction work is commenced for a period of one hundred eighty (180) days, the construction work may be recommenced only after the issuance of a design release reinstatement by the division. The reinstatement may be issued by the division if: (1) the construction work has been suspended or abandoned for more than one hundred eighty (180) days but less than one (1) year; (2) no changes have been made in the plans and specifications filed with the original application for a design release; (3) no changes to the rules of the commission applicable to the scope of the design release have been made; (4) the reinstatement is requested in writing by the applicant verifying subdivisions (1) and (2); and (5) the release reinstatement fee established by 675 IAC 12-3 has been paid. (c) The order granting or denying a reinstatement or extension shall be issued by the division following the requirements of IC 4-21.5-3-4. If a petition for review is subsequently granted under IC 4-21.5-3-7, the resulting administrative proceeding shall be conducted by the commission.