Sec. 4. (a) "Class 1 structure" means any part of the following: (1) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following: (A) The public. (B) Three (3) or more tenants. (C) One (1) or more persons who act as the employees of another. (2) A site improvement affecting access by persons with physical disabilities to a building or structure described in subdivision (1). (3) Outdoor event equipment. (4) Any class of buildings or structures that the commission determines by rules to affect a building or structure described in subdivision (1), except buildings or structures described in subsections (c) through (f). (b) Subsection (a)(1) includes a structure that contains three (3) or more condominium units (as defined in IC 32-25-2-9 ) or other units that: (1) are intended to be or are used or leased by the owner of the unit; and (2) are not completely separated from each other by an unimproved space. (c) Subsection (a)(1) does not include a building or structure that: (1) is intended to be or is used only for an agricultural purpose on the land where it is located; and (2) is not used for retail trade or is a stand used for retail sales of farm produce for eight (8) or less consecutive months in a calendar year. (d) Subsection (a)(1) does not include a Class 2 structure. (e) Subsection (a)(1) does not include a vehicular bridge. (f) Subsection (a)(1) does not include a structure that is intended to be or is occupied solely to provide periodic maintenance or repair of: (1) the structure; or (2) mechanical or electrical equipment located within and affixed to the structure.
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