Sec. 16. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system in a unit unless the project owner demonstrates to the permit authority that the CSE system will operate in a manner such that the sound attributable to the CSE system will not exceed an hourly average sound level of fifty (50) A-weighted decibels, as modeled at the outer wall of a dwelling located on an adjacent nonparticipating property.

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Terms Used In Indiana Code 8-1-42-16

  • CSE system: means a system that:

    Indiana Code 8-1-42-2

  • dwelling: means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. See Indiana Code 8-1-42-4
  • nonparticipating property: means a lot or parcel of real property:

    Indiana Code 8-1-42-5

  • permit authority: means :

    Indiana Code 8-1-42-6

  • project owner: means a person that:

    Indiana Code 8-1-42-7

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • unit: refers to :

    Indiana Code 8-1-42-8

     (b) The requirement set forth in subsection (a) may be waived with respect to any one (1) CSE system, subject to the written consent of the owner of each adjacent nonparticipating property.

As added by P.L.90-2022, SEC.2.

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