Note: This version of section amended by P.L.145-2026, SEC.134, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.370, effective 7-1-2027.

1. (1) before July 1, 2025; or

2. (2) two (2) years after the earlier of the date of the:

   1. (A) initial inspection; or
   2. (B) plan review.
   3. (b) A child care home (as defined in IC 12-7-2.1-57 ) that was licensed to operate in a Class 2 structure by the office of the secretary of family and social services before July 1, 2025, may continue to operate in the structure notwithstanding the provisions of this article and 675 IAC 13.

   4. (c) Subsection (a) does not apply to any of the following:

      1. (1) Any:

         1. (A) fraud;
         2. (B) material misrepresentation; or

         3. (C) other act of bad faith;

            that results in misapplication of the appropriate requirements.

      2. (2) A change of use or occupancy of the structure or equipment.

      3. (3) A condition imposed in a variance issued by the:

         1. (A) department; or
         2. (B) commission.
      4. (4) Any new construction, addition, or alteration of the structure or equipment.
      5. (5) A violation that would qualify for an emergency order under section 6(a)(1) of this chapter.
      6. (6) Any maintenance requirements.

Sec. 15. (a) Except as provided by subsection (c), if a property is inspected by the department or plans were reviewed by the department, neither the department nor a political subdivision may require compliance with a new or different set of building, fire safety, or equipment laws than were originally enforced by the department:

As added by P.L.160-2025, SEC.4. Amended by P.L.145-2026, SEC.134.