2016 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 and safety building laws; national code
adoption; school sanitation temporary rules
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) The commission may adopt temporary rules in a manner
provided for the adoption of emergency rules under IC 4-22-2-37.1
to administer regulation of sanitary conditions and sanitary facilities
of Class I structures under IC 22-12-1-3(4). A temporary rule
adopted under this subsection expires on the earliest of the following
dates:
(1) The date specified in the temporary rule.
(2) The date another temporary rule adopted under this
subsection or rule adopted under IC 4-22-2 supersedes or
repeals the previously adopted temporary rule.
(3) January 1, 2017.
(c) 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
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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.
(d) 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).
(e) The commission shall adopt the subsequent edition of each
national code, including addenda, to be adopted as provided under
subsections (c) and (d) within eighteen (18) months after the
effective date of the subsequent edition.
(f) The commission may amend the national codes as a condition
of the adoption under subsections (c), (d), and (e).
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; P.L.113-2014, SEC.117;
P.L.29-2014, SEC.28; P.L.86-2015, SEC.5.
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
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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 22-13-2-4.1
Plan reviews by both state and local agencies
Effective 1-1-2017.
Sec. 4.1. (a) This section applies only to a plan review for a
design release performed:
(1) before construction of a Class 1 structure; and
(2) to determine compliance with the rules of the commission.
(b) This section does not apply to a plan review for the issuance
of a building permit, an improvement permit, a fire protection system
permit, or any other permit issued by a state agency or a city, town,
or county.
(c) A plan review for a design release must be:
(1) authorized under IC 22-15-3; and
(2) performed in compliance with the rules and objective
criteria adopted by the commission under IC 22-15-3-1.
(d) If the commission has certified that a city, town, or county is
qualified to perform a plan review for a design release under
IC 22-15-3, both of the following may perform the plan review for a
design release:
(1) The division of fire and building safety.
(2) The city, town, or county.
However, only the entity described in subdivision (1) or (2) that
performs the initial plan review for a design release may charge a fee
for the plan review for a design release. The other entity shall not
charge a fee for the plan review for a design release.
As added by P.L.49-2016, SEC.4.
IC 22-13-2-5
Commission review of ordinances or regulations; approval
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) Except as provided in subsection (c), an ordinance or other
regulation adopted by a political subdivision that qualifies as a fire
safety law or a building law:
(1) must be submitted to the commission for review within
thirty (30) days after adoption by the political subdivision; and
(2) is not effective until:
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(A) it is approved by an order issued by the commission; or
(B) it is approved as the result of the commission not having
issued an order approving or denying the ordinance or other
regulation within the period set forth in section 5.5(2) of this
chapter.
(c) 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.
(d) A:
(1) state agency; or
(2) political subdivision;
may not require a person or entity to obtain or maintain, or both, a
license in order to install or maintain a low voltage thermostat of
fifty (50) volts or less.
As added by P.L.245-1987, SEC.2. Amended by P.L.101-2015,
SEC.1.
IC 22-13-2-5.5
Procedure for review of ordinances or regulations
Sec. 5.5. The commission's program for review of adopted
ordinances and other regulations of political subdivisions submitted
for approval by the commission under section 5 of this chapter shall
be conducted by the commission staff as follows:
(1) A request may be made to the commission for preliminary
staff review at any time. The results of the staff review must be
furnished to the requester within a reasonable time.
(2) A submission by a political subdivision for approval of an
ordinance or other regulation by the commission shall be made
in hard copy or electronic form acceptable to the commission.
The staff shall place the submission on the agenda for the first
commission meeting scheduled later than five (5) working days
after the receipt of the submission. An opportunity for public
testimony may be afforded at the meeting of the commission. If
the commission does not issue an order approving or denying
the ordinance or other regulation at the first commission
meeting, or at any of the next three (3) commission meetings,
the ordinance or other regulation is automatically approved and
effective without an order of the commission.
(3) A member of the commission may submit an adopted
ordinance or other regulation to the commission for review
under subdivisions (1) and (2) if the political subdivision did
not submit the adopted ordinance or other regulation within
thirty (30) days of adoption by the political subdivision as
required by section 5(b) of this chapter.
(4) The commission's order regarding the ordinance or other
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regulation shall be issued following the requirements set forth
under IC 4-21.5-3-5. If a petition for review is subsequently
granted under IC 4-21.5-3-7, the commission's order shall be
deemed merely to have been a preliminary determination.
(5) One (1) copy of each approved ordinance or other
regulation, endorsed by the chair of the commission, shall be
returned to the political subdivision or, if the submission was
made by a member of the commission, to the member, with the
order approving the ordinance or other regulation.
(6) If the commission denies an ordinance or other regulation,
the commission's denial must specify the defects in the
ordinance or other regulation that are the basis for the denial.
As added by P.L.101-2015, 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.
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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
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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 the state building
commissioner. 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;
P.L.218-2014, SEC.7.
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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;
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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 22-13-2-11.5
Incorporation of NFPA 72 into the Indiana Administrative Code
Sec. 11.5. (a) As used in this section, "NFPA 72" refers to NFPA
72, National Fire Alarm and Signaling Code, 2010 Edition, published
by the National Fire Protection Association, 1 Batterymarch Park,
Quincy, Massachusetts 02169-7471.
(b) It is the intent of the general assembly that NFPA 72, as may
be amended by the commission under subsection (c), be incorporated
into the Indiana Administrative Code. Not later than July 1, 2014, the
commission shall adopt rules under IC 4-22-2 to amend 675 IAC
28-1-28 to incorporate NFPA 72 into the Indiana Administrative
Code, subject to subsection (c)(1) and (c)(2). The commission may
adopt emergency rules in the manner provided under IC 4-22-2-37.1
to comply with this subsection. An emergency rule adopted by the
commission under IC 4-22-2-37.1 to comply with this subsection
expires on the date a rule that supersedes the emergency rule is
adopted by the commission under IC 4-22-2-24 through
IC 4-22-2-36.
(c) In adopting rules to incorporate NFPA 72 into the Indiana
Administrative Code, as required by subsection (b), the commission
may amend NFPA 72 as the commission considers appropriate.
However, the rules finally adopted by the commission to comply
with this section must do the following:
(1) Incorporate the definition of, and associated requirements
for:
(A) a managed facilities-based voice network (MFVN); and
(B) a public switched telephone network (PSTN);
as set forth in NFPA 72.
(2) Allow digital alarm communicator systems that make use of
a managed facilities-based voice network (MFVN) to transmit
signals from a fire alarm system to an offsite monitoring
facility, subject to the requirements for those systems set forth
in NFPA 72.
(d) If the commission does not comply with subsection (b), the
following apply on July 1, 2014:
(1) The definition of, and associated requirements for:
(A) a managed facilities-based voice network (MFVN); and
(B) a public switched telephone network (PSTN);
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as set forth in NFPA 72, are considered incorporated into the
Indiana Administrative Code. Any provisions of 675 IAC
28-1-28 (or any rules adopted by a state agency, or any
ordinances or other regulations adopted by a political
subdivision) that conflict with the definitions and requirements
described in this subdivision are superseded by the definitions
and requirements described in this subdivision. This subdivision
continues to apply until the commission adopts rules that amend
675 IAC 28-1-28 to incorporate NFPA 72 into the Indiana
Administrative Code and that comply with subsection (c)(1) and
(c)(2).
(2) A person that after June 30, 2014, installs or uses a digital
alarm communicator system that:
(A) makes use of a managed facilities-based voice network
(MFVN) to transmit signals from a fire alarm system to an
offsite monitoring facility; and
(B) meets the requirements for such a system set forth in
NFPA 72;
is not required to obtain a variance from the commission under
section 11 of this chapter for the installation or use.
As added by P.L.107-2014, SEC.5.
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
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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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