Maynard v. FLANAGIN BROS., INC.

STATON, Presiding Judge.

ON PETITION FOR REHEARING

Flanagin Brothers, Inc. petitions for rehearing of our decision in Maynard v. Flanagin Brothers, Inc. (1985) Ind.App., 484 N.E.2d 71 in which we reversed the trial court's grant of summary judgment in favor of Flanagin. The petition is denied, but we write to clarify several points raised by the parties.

The Construction Industry Safety Code, 610 IAC 5-1-1 et seq. relied upon by plaintiff? Maynard as the basis for Flanag-in's liability, was promulgated pursuant to IC 22-1-1-11 in 1960. Neither the enabling statute nor the regulations have been…