2013 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 13. FIRE SAFETY, BUILDING, AND EQUIPMENT LAWS: RULES CHAPTER 2. RULES; VARIANCES; REVIEW OF STATE AND LOCAL RULES, ORDINANCES, AND ORDERS; APPROVAL OF COOPERATIVE AGREEMENTS
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IC 22-13-2
Chapter 2. Rules; Variances; Review of State and Local Rules,
Ordinances, and Orders; Approval of Cooperative Agreements
IC 22-13-2-1
State agencies and political subdivisions to exercise statutory
powers
Sec. 1. Except as provided in this article, state agencies and
political subdivisions may exercise their statutory powers to regulate
buildings, structures, and other property.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-1.5
Removal or alteration of a sign as a condition of issuing a permit,
license, or variance
Sec. 1.5. A state agency or political subdivision may not require
that a lawfully erected sign be removed or altered as a condition of
issuing:
(1) a permit;
(2) a license;
(3) a variance; or
(4) any other order concerning land use or development;
unless the owner of the sign is compensated in accordance with
IC 32-24 or has waived the right to and receipt of damages in
writing.
As added by P.L.163-2006, SEC.1.
IC 22-13-2-2
Statewide code of fire safety and building laws; adoption of
national codes
Sec. 2. (a) The commission shall adopt rules under IC 4-22-2 to
adopt a statewide code of fire safety laws and building laws.
(b) Before December 1, 2003, the commission shall adopt the
most recent edition, including addenda, of the following national
codes by rules under IC 4-22-2 and IC 22-13-2.5 (before its repeal):
(1) ANSI A10.4 (Safety Requirements for Personnel Hoists).
(2) ASME A17.1 (Safety Code for Elevators and Escalators, an
American National Standard).
(3) ASME A18.1 (Safety Standard for Platform Lifts and
Stairway Chairlifts, American National Standard).
(4) ASME QEI-1 (Standard for the Qualification of Elevator
Inspectors, an American National Standard).
(5) The American Society of Civil Engineers (ASCE)
Automated People Mover Standard 21.
(6) ANSI A90.1 Safety Code for Manlifts.
(c) Before July 1, 2006, the commission shall adopt the most
recent edition, including addenda, of ASME A17.3 (Safety Code for
Existing Elevators and Escalators, an American National Standard)
by rules under IC 4-22-2 and IC 22-13-2.5 (before its repeal).
(d) The commission shall adopt the subsequent edition of each
national code, including addenda, to be adopted as provided under
subsections (b) and (c) within eighteen (18) months after the
effective date of the subsequent edition.
(e) The commission may amend the national codes as a condition
of the adoption under subsections (b), (c), and (d).
(f) To the extent that the following sections of the International
Fire Code, 2000 edition, as adopted by reference in 675 IAC
22-2.3-1, apply to tents or canopies in which cooking does not occur,
the commission shall suspend enforcement of the following sections
of the International Fire Code, 2000 edition, until the division of fire
and building safety recommends amendments to the commission
under subsection (h) and the commission adopts rules under
subsection (i) based on the recommendations:
(1) Section 2406.1 (675 IAC 22-2.3-233).
(2) Section 2406.2.
(3) Section 2406.3.
(g) To the extent that section 2403.2 of the International Fire
Code, 2000 edition, as adopted by reference in 675 IAC 22-2.3-1,
applies to a tent or canopy in which there is an open flame, the
commission shall suspend enforcement of section 2403.2 until the
division of fire and building safety recommends amendments to
section 2403.2 to the commission under subsection (h) and the
commission adopts rules under subsection (i) based on the
recommendations and amending section 2403.2.
(h) The division of fire and building safety shall recommend
amendments to the commission to the following sections of the
International Fire Code, 2000 edition, as adopted by reference in 675
IAC 22-2.3-1:
(1) Section 2403.2.
(2) Section 2406.1 (675 IAC 22-2.3-233).
(3) Section 2406.2.
(4) Section 2406.3.
(i) After receiving and considering recommendations from the
division of fire and building safety under subsection (h), and using
the procedure set forth in IC 4-22-2-38, the commission shall amend
the following sections of the International Fire Code, 2000 edition,
as adopted by reference in 675 IAC 22-2.3-1:
(1) Section 2403.2.
(2) Section 2406.1 (675 IAC 22-2.3-233).
(3) Section 2406.2.
(4) Section 2406.3.
As added by P.L.245-1987, SEC.2. Amended by P.L.167-1997,
SEC.3; P.L.119-2002, SEC.7; P.L.44-2005, SEC.1; P.L.1-2006,
SEC.358; P.L.101-2006, SEC.34.
IC 22-13-2-3
Precedence of rules adopted by commission; reference to rules;
ordinances
Sec. 3. (a) Except to the extent provided in subsection (c), the
rules adopted under section 2 of this chapter take precedence over:
(1) any rule adopted by a state agency that conflicts with the
commission's fire safety rules or building rules; and
(2) any ordinance or other regulation adopted by a political
subdivision that covers the same subject matter as the
commission's fire safety rules or building rules.
(b) State agencies and political subdivisions may incorporate the
rules adopted by the commission by reference into a rule, ordinance,
or other regulation. Notwithstanding IC 4-22-9-6, a reference to the
rules adopted by the commission, by citation to the Indiana
Administrative Code (IAC), shall be construed to include all
amendments as of the date that the reference is written and any later
amendments to that provision, unless accompanied by a reference to
a specific edition or supplement to the Indiana Administrative Code.
(c) A city, town, or county may adopt an ordinance that includes
more stringent or detailed requirements that do not conflict with the
commission's rules, but the ordinance is subject to approval under
section 5 of this chapter.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-4
Duplication, conflict, or overlapping of responsibility between rules
Sec. 4. If the commission finds duplication, conflict, or
overlapping of responsibility between:
(1) this article, IC 22-12, IC 22-14, IC 22-15, a fire safety rule,
or a building rule; and
(2) the rules adopted by another state agency;
the commission shall notify the state agency, and the state agency
shall revise its rules to eliminate the duplication, conflict, or overlap.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-5
Ordinances or regulations of political subdivisions; review;
approval of commission required
Sec. 5. (a) The commission shall carry out a program to review
the fire safety laws and the building laws adopted in the ordinances
and other regulations of political subdivisions.
(b) An ordinance or other regulation adopted by a political
subdivision that qualifies as a fire safety law or a building law is not
effective until it is approved by the commission. However, an
ordinance that:
(1) is adopted by a city, town, or county; and
(2) governs the installations, repair, and maintenance of smoke
detectors in residential structures that are not required to have
smoke detectors under the rules of the commission;
is effective without approval by the commission.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-6
Ordinances or regulations of political subdivisions; application to
industrialized building system or mobile structure
Sec. 6. An ordinance or other regulation adopted by a political
subdivision that governs the construction of a building or other
structure does not apply to an industrialized building system or
mobile structure that is certified under IC 22-15-4.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-7
Review of variances and orders of state agencies or political
subdivisions
Sec. 7. (a) The commission may review and modify or reverse any
variance or other order that:
(1) is issued by a state agency or political subdivision; and
(2) covers a subject governed by this article, IC 22-12,
IC 22-14, IC 22-15, a fire safety rule, or a building rule.
(b) The commission shall review variances granted by a political
subdivision to the fire safety laws and building laws adopted in its
ordinances. The variance is not effective until it is approved by the
commission.
(c) The commission shall review orders under this section that:
(1) are issued by a political subdivision; and
(2) concern a Class 2 structure;
if a person aggrieved by the order petitions for review under
IC 4-21.5-3-7 within thirty (30) days after the political subdivision
has issued the order.
(d) A copy of the petition under subsection (c) shall be delivered
to the political subdivision issuing the order.
(e) Review of an order under this section does not suspend the
running of the time period under any statute in which a person must
petition a court for judicial review of the order.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-8
Equipment laws
Sec. 8. (a) The commission shall adopt rules under IC 4-22-2 to
create equipment laws applicable to regulated lifting devices.
(b) Except as provided in subsection (c), subject to the approval
of the commission, the rules board shall adopt rules under IC 4-22-2
to create equipment laws applicable to regulated boilers and pressure
vessels.
(c) Subject to the approval of the commission, the rules board may
adopt emergency rules under IC 4-22-2-37.1 only to adopt by
reference all or part of the following national boiler and pressure
vessel codes:
(1) The American Society of Mechanical Engineers Boiler and
Pressure Vessel Code.
(2) The National Board of Boiler and Pressure Vessel
Inspectors Inspection Code.
(3) The American Petroleum Institute 510 Pressure Vessel
Inspection Code.
(4) Any subsequent editions of the codes listed in subdivisions
(1) through (3).
(d) An emergency rule adopted under subsection (c) expires on
the earlier of the following dates:
(1) Not more than two (2) years after the emergency rule is
accepted for filing with the publisher of the Indiana Register.
(2) The date a permanent rule is adopted under IC 4-22-2.
(e) Subject to the approval of the commission, the regulated
amusement device safety board established under IC 22-12-4.5 shall
adopt rules under IC 4-22-2 to create equipment laws applicable to
regulated amusement devices.
As added by P.L.245-1987, SEC.2. Amended by P.L.166-1997,
SEC.4; P.L.141-2003, SEC.9; P.L.123-2006, SEC.35.
IC 22-13-2-8.5
Rules; outdoor event equipment
Sec. 8.5. (a) The commission shall adopt rules under IC 4-22-2 for
outdoor event equipment at outdoor performances to protect the
safety of persons at the outdoor performances. The commission may:
(1) exempt small assemblies of outdoor event equipment, as
defined by the commission, from some or all fees or other
requirements that otherwise would apply to outdoor event
equipment under a rule adopted under this section or another
building law; or
(2) establish alternative procedures, fees, or other requirements,
or any combination, for small assemblies of outdoor event
equipment, as defined by the commission.
(b) The commission may adopt temporary rules in the manner
provided for the adoption of emergency rules under IC 4-22-2-37.1
to carry out subsection (a), including temporary rules concerning a
schedule of fees for design releases or inspections, or both. A
temporary rule adopted under this subsection expires on the earliest
of the following:
(1) The date specified in the temporary rule.
(2) The date another temporary rule adopted under this
subsection or a rule adopted under IC 4-22-2 supersedes or
repeals the previously adopted temporary rule.
(3) January 1, 2016.
(c) Subject to this section, a city, town, or county that regulated
outdoor event equipment before March 15, 2012, under an ordinance
adopted before March 15, 2012, may, if the ordinance is in effect on
March 15, 2012, continue to regulate outdoor event equipment under
the ordinance after March 14, 2012, in the same manner that the city,
town, or county applied the ordinance before March 15, 2012.
However, a statewide code of fire safety laws or building laws
governing outdoor event equipment that is adopted by the
commission under this section after March 14, 2012, takes
precedence over any part of a city, town, or county ordinance that is
in conflict with the commission's adopted code. The ordinances to
which this section applies include Chapter 536 of the Revised Code
of the Consolidated City and County Indianapolis/Marion, Indiana
Codified through Ordinance No. 36, 2011, passed August 15, 2011.
(Supp. No. 27). A city, town, or county to which this subsection
applies need not be certified or approved under IC 22-15-3-1 or
another law to continue to regulate outdoor event equipment after
March 14, 2012.
(d) This subsection applies to cities, towns, and counties
described in subsection (c) and any other city, town, or county that,
after March 14, 2012, adopts an ordinance governing outdoor event
equipment that is approved by the commission or a building law
compliance officer. The city, town, or county shall require
compliance with:
(1) the rules adopted under this section;
(2) orders issued under IC 22-13-2-11 that grant a variance to
the rules adopted under this section;
(3) orders issued under IC 22-12-7 that apply the rules adopted
under this section; and
(4) a written interpretation of the rules adopted under this
section binding on the unit under IC 22-13-5-3 or IC 22-13-5-4;
on both private and public property located within the boundaries of
the city, town, or county, including, in the case of a consolidated city,
the state fairgrounds. This subsection does not limit the authority of
a unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce
building laws and orders and written interpretations related to
building laws.
As added by P.L.92-2012, SEC.5. Amended by P.L.142-2013, SEC.5.
IC 22-13-2-9
Power of political subdivisions to regulate; limitation
Sec. 9. Except as provided in section 10 of this chapter, political
subdivisions do not have the power to regulate regulated:
(1) amusement devices;
(2) boilers;
(3) lifting devices; and
(4) pressure vessels.
As added by P.L.245-1987, SEC.2. Amended by P.L.119-2002,
SEC.8.
IC 22-13-2-10
Lifting devices; regulation by county, city, or town; permits;
inspections
Sec. 10. (a) A county, city, or town may regulate regulated lifting
devices if the unit's regulatory program is approved by the
commission.
(b) A unit must submit its ordinances and other regulations that
regulate lifting devices to the commission for approval. The
ordinance or other regulation is not effective until it is approved by
the commission. If any of these ordinances or regulations conflict
with the commission's rules, the commission's rules supersede the
local ordinance or other regulation.
(c) A unit may issue permits only to applicants who qualify under
IC 22-15-5. However, the unit may specify a lesser fee than that set
under IC 22-12-6-6(a)(7).
(d) A unit must inspect regulated lifting devices with inspectors
who possess the qualifications necessary to be employed by the
division of fire and building safety of the department of homeland
security as a regulated lifting device inspector.
As added by P.L.245-1987, SEC.2. Amended by P.L.119-2002,
SEC.9; P.L.22-2005, SEC.36.
IC 22-13-2-11
Variances
Sec. 11. (a) The commission, the rules board, or the regulated
amusement device safety board established by IC 22-12-4.5-2 may
grant a variance to a rule that it has adopted.
(b) To qualify for a variance, an applicant must pay the fee set
under IC 22-12-6-6 and submit facts demonstrating that:
(1) compliance with the rule will impose an undue hardship
upon the applicant or prevent the preservation of an
architecturally significant or historically significant part of a
building or other structure; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by
the body adopting the rule;
will not be adverse to the public health, safety, or welfare.
(c) A variance granted under this section is conditioned upon
compliance with an alternative standard approved under subsection
(b)(2)(B).
(d) A variance granted under this section takes precedence over
conflicting rules adopted by a state agency and conflicting
ordinances and other regulations adopted by a political subdivision.
As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003,
SEC.10.
IC 22-13-2-12
Agreements with federal government, other states, or foreign
countries; approval of attorney general
Sec. 12. (a) This section applies if the commission is authorized
by statute to enter into agreements with the federal government,
another state, or foreign country.
(b) An agreement under this section must be submitted to the
attorney general for approval. The attorney general shall approve the
agreement unless the attorney general finds that it does not comply
with the statutes. If the attorney general disapproves the agreement,
the attorney general shall give the commission a detailed statement
indicating the basis for the disapproval. If the attorney general fails
to approve or disapprove the agreement within sixty (60) days after
it is submitted, it is considered approved.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-13
Exercise of power to adopt rules by commission
Sec. 13. (a) The commission may adopt rules under IC 4-22-2 to
implement this article, IC 22-12, IC 22-14, and IC 22-15.
(b) Any power of the state fire marshal or the division of fire and
building safety to adopt rules shall be exercised by the commission.
As added by P.L.245-1987, SEC.2. Amended by P.L.1-2006,
SEC.359.
IC 22-13-2-14
Studies and consultation
Sec. 14. The commission may engage in studies and consult with
any person to implement this article, IC 22-12, IC 22-14, and
IC 22-15.
As added by P.L.245-1987, SEC.2.
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