reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 4. Standards for Building Rules; Exemption From Design Release Requirement › 22-13-4-5. Conversion of Buildings; Exemption From Rules

Sec. 5. (a) The commission shall adopt building rules that allow a person to convert a building or other structure, in whole or in part, from one (1) class of occupancy and use established under the commission's rules to another without complying with all of the commission's rules governing new construction.
(b) The rules adopted under this section must protect the public from significant health hazards and safety hazards.
(c) Subject to subsection (b), the rules must promote the following:
(1) The preservation of architecturally significant and historically significant parts of buildings and other structures.
(2) The economically efficient reuse of buildings and other structures.
(3) The preservation and use of commercial buildings located within:
(A) the downtown of a local unit; and
(B) a designated historic district.
Before the effective date of the commission's rules, the commission's policies must promote the preservation and use of commercial buildings as set forth in subdivision (3).
(d) The rules adopted under this section may condition an exemption upon:
(1) passing an inspection conducted by the department; and
(2) paying the fee set under IC 22-12-6-6.
As added by P.L.245-1987, SEC.2. Amended by P.L.49-2016, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 4. Standards for Building Rules; Exemption From Design Release Requirement › 22-13-4-6. Class 1 Structures Within Seismic Zone 2a; Structural Resistance to Earthquakes

Sec. 6. (a) This section applies to Class 1 structures that are partially or entirely located within the geographic area included in seismic zone 2A.
(b) As used in this section, "seismic zone 2A" refers to the geographic boundaries that comprise seismic zone 2A as established in the rules adopted by the commission.
(c) The commission shall adopt building rules under IC 4-22-2 that prohibit or limit occupancy or use of Class 1 structures that do not comply with the commission's rules governing structural resistance to earthquakes.
(d) The rules adopted under this section must cover essential buildings and public utility services:
(1) designated by the department of homeland security; and
(2) needed for disaster recovery operations.
(e) The rules adopted under this section may not apply to a Class 1 structure if construction of the structure began before July 1, 1993.
As added by P.L.204-1993, SEC.1. Amended by P.L.1-2006, SEC.361.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 4. Standards for Building Rules; Exemption From Design Release Requirement › 22-13-4-7. Visitability Standards

Sec. 7. (a) This section applies only to new construction of the following dwellings:
(1) A detached one (1) or two (2) family dwelling.
(2) A townhouse.
(b) This section does not apply to a mobile structure or an industrialized building system.
(c) As used in this section, "environmental controls" means switches or devices that control or regulate lights, temperature, fuses, fans, doors, security system features, or other features.
(d) As used in this section, "new construction" means the construction of a new dwelling on a vacant lot. The term does not include an addition to or remodeling of an existing building.
(e) As used in this section, "townhouse" means a single family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two (2) sides.
(f) As used in this section, "visitability feature" means a design feature of a dwelling that allows a person with a mobility impairment to enter and comfortably stay in a dwelling for a duration of time. The term includes features that allow a person with a mobility impairment to get in and out through one (1) exterior door of the dwelling without any steps and to pass through all main floor interior doors, including a bathroom door.
(g) If a person contracts with a designer and a builder for construction of a visitability feature in the new construction of a dwelling, the designer and builder shall comply with the standards adopted by the commission under this section for the construction and design of the visitability feature. The standards adopted under this section:
(1) shall be enforced by a political subdivision that enforces the commission's standards with respect to Class 2 structures; and
(2) may not be enforced by the department.
(h) The commission shall adopt minimum standards by rule under IC 4-22-2 for visitability features in the new construction of a dwelling. The rules shall include minimum standards for the following:
(1) Entrances to the dwelling, including paths from the dwelling to the street.
(2) Room dimensions.
(3) The width of exterior and interior doors.
(4) The width of interior hallways.
(5) The grade of interior thresholds and hallways.
(6) The height and location of environmental controls.
(7) The reinforcement of bathroom walls sufficient to attach grab bars.
As added by P.L.112-2003, SEC.1. Amended by P.L.97-2004, SEC.85.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 5. Power of Building Commissioner to Interpret Building Laws › 22-13-5-1. "Interested Person"

Sec. 1. As used in this chapter, "interested person" refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law.
As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.37.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 5. Power of Building Commissioner to Interpret Building Laws › 22-13-5-2. Written Interpretation of Building Law Issued

Sec. 2. (a) Except as provided under subsection (c), upon the written request of an interested person, the state building commissioner of the department shall issue a written interpretation of a building law or a fire safety law not later than ten (10) business days after the date of receiving a request. An interpretation issued by the state building commissioner must be consistent with building laws and fire safety laws enacted by the general assembly or adopted by the commission.
(b) The state building commissioner shall issue a written interpretation of a building law or fire safety law under subsection (a) whether or not the county or municipality has taken any action to enforce the building law or fire safety law.
(c) If:
(1) an interested person submits a written or electronic request to the building commissioner for a written interpretation of a building law or fire safety law applicable to a Class 2 structure; and
(2) the building commissioner is absent and unable to issue a written interpretation within the time specified under subsection (a);
the chair of the commission, or, if the chair is absent, the vice chair of the commission, shall issue the written interpretation not later than ten (10) business days after the date of receiving the request.
As added by P.L.71-1999, SEC.1. Amended by P.L.64-2003, SEC.1; P.L.22-2005, SEC.38; P.L.218-2014, SEC.8; P.L.49-2016, SEC.6; P.L.57-2020, SEC.10; P.L.187-2021, SEC.79.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 5. Power of Building Commissioner to Interpret Building Laws › 22-13-5-3. Written Interpretation Binding on Interested Person and County or Municipality

Sec. 3. (a) A written interpretation issued under section 2 of this chapter binds the interested person and the county or municipality with whom the interested person has the dispute until the written interpretation is overruled in a proceeding under IC 4-21.5.
(b) For purposes of IC 4-21.5, the commission is the ultimate authority regarding a written interpretation issued under section 2 of this chapter.
As added by P.L.71-1999, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 5. Power of Building Commissioner to Interpret Building Laws › 22-13-5-4. Published Interpretation Binding on All Counties and Municipalities

Sec. 4. (a) A written interpretation of a building law or fire safety law binds all counties and municipalities if the state building commissioner publishes the written interpretation of the building law or fire safety law in the Indiana Register under IC 4-22-7-7(b). For purposes of IC 4-22-7-7, a written interpretation of a building law or fire safety law published by the state building commissioner is considered adopted by an agency.
(b) A written interpretation of a building law or fire safety law published under subsection (a) binds all counties and municipalities until the earlier of the following:
(1) The general assembly enacts a statute that substantively changes the building law or fire safety law interpreted or voids the written interpretation.
(2) The commission adopts a rule under IC 4-22-2 to state a different interpretation of the building law or fire safety law.
(3) The written interpretation is found to be an erroneous interpretation of the building law or fire safety law in a judicial proceeding.
(4) The state building commissioner publishes a different written interpretation of the building law or fire safety law.
(c) The department or the state building commissioner shall create an electronic data base for the purpose of cataloging all available variance rulings by the commission or the department for the purpose of making the information available to the public on the Internet web site of the department or the state building commissioner.
As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.39; P.L.218-2014, SEC.9; P.L.249-2019, SEC.29.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 1. General Provisions › 22-14-1-2. Compliance With Variance as Compliance With Fire Safety Law

Sec. 2. (a) This section applies to a provision of this article that requires an applicant for a certification, registration, permit, approval, or other license to:
(1) demonstrate that a person is in compliance with all fire safety laws; or
(2) submit proof that a person is acting or will act in conformity with all fire safety laws.
(b) Compliance with the conditions of a variance issued under IC 22-13-2-11 shall be treated under this article as compliance with the fire safety law from which the variance is granted.
As added by P.L.245-1987, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 1. General Provisions › 22-14-1-4. Repealed

As added by P.L.245-1987, SEC.3. Amended by P.L.22-2005, SEC.40; P.L.1-2006, SEC.362. Repealed by P.L.187-2021, SEC.80.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-2. State Fire Marshal; Appointment; Qualifications

Sec. 2. (a) The governor shall appoint a state fire marshal. The state fire marshal serves at the pleasure of the governor.
(b) The state fire marshal must have:
(1) a recognized interest and knowledge in the areas of fire prevention and fire protection; and
(2) experience as an administrator.
(c) The state fire marshal shall serve as a full-time employee of the department.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.363; P.L.187-2021, SEC.81.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-4. Powers of the Department and the State Fire Marshal

Sec. 4. (a) The department may:
(1) enter and inspect any property, at a reasonable hour;
(2) issue and enforce administrative orders under IC 22-12-7 and apply for judicial orders under IC 22-12-7-13;
(3) direct a fire department to assist the department;
(4) cooperate with law enforcement officers; and
(5) provide hazardous materials and counterterrorism:
(A) training;
(B) support; and
(C) response assistance.
(b) To carry out the state fire marshal's responsibility to conduct an investigation into the causes and circumstances surrounding a fire or an explosion, the state fire marshal or a department fire investigator authorized by the state fire marshal may:
(1) exercise the powers of a law enforcement officer to prevent fires and conduct arson investigations;
(2) direct a fire department to assist the state fire marshal or department fire investigator; and
(3) cooperate with law enforcement officers.
As added by P.L.245-1987, SEC.3. Amended by P.L.63-2003, SEC.1; P.L.1-2006, SEC.364; P.L.187-2021, SEC.82.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-5. Public Information on Fire Prevention; Copies of Fire Safety Rules

Sec. 5. (a) The department shall carry out a program to provide public information concerning fire prevention and maintain data and statistics concerning fires and fire prevention activities.
(b) The department shall provide a copy of the fire safety rules adopted by the commission to the chief of each fire department. The department may exclude, from the rules distributed under this subsection, any text that is incorporated by reference into the rules published in the Indiana Administrative Code.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.365; P.L.187-2021, SEC.83.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-6. Training Programs for Fire Department Personnel; Fire and Public Safety Academy Training System; Staff and Meeting Facilities Provided to Education Board

Sec. 6. (a) The department may establish the fire and public safety academy training system to create and conduct programs to train public safety personnel.
(b) The department may develop programs to train:
(1) fire department personnel and volunteers;
(2) emergency medical services personnel;
(3) telecommunicators;
(4) emergency management personnel; and
(5) chemical, biological, radiological, nuclear, and explosives personnel.
(c) The department may develop training programs in cooperation with:
(1) any accredited educational institution;
(2) any fire fighting association;
(3) the Indiana emergency response commission established by IC 13-25-1-1;
(4) the Indiana emergency medical services commission established by IC 16-31-2-1;
(5) the board of firefighting personnel standards and education established by IC 22-12-3-1; or
(6) any other public safety agency of the state or political subdivision of the state, or public safety organization or association.
The academy or the accredited educational institution under subdivision (1) may conduct the programs.
(d) The programs developed under this section must cover the areas of:
(1) fire prevention;
(2) enforcement of fire safety laws;
(3) firefighting;
(4) emergency medical services; and
(5) other areas of public safety.
(e) The department shall establish inspection training requirements for members of volunteer fire companies and certify individuals who meet these requirements.
(f) If the department establishes a training program under subsection (a), the academy shall collaborate with public safety boards and commissions of the state to establish criteria for certification and credentialing of public safety personnel.
(g) The academy may provide programs for research, professional development, and accreditation.
(h) The department shall provide staff and meeting facilities to the education board to carry out section 7 of this chapter.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.366; P.L.40-2015, SEC.4; P.L.187-2021, SEC.84.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-7. Firefighting Training and Education Programs; Certification; Fee

Sec. 7. (a) This section does not limit the powers, rights, duties, and other responsibilities of municipal or county governments or impose requirements affecting pension laws or any other laws.
(b) This section does not require a member of a fire department to be certified.
(c) The education board may:
(1) certify firefighting training and education programs that meet the standards set by the education board;
(2) certify fire department instructors who meet the qualifications set by the education board;
(3) direct research in the field of firefighting and fire prevention and accept gifts and grants to direct this research;
(4) recommend curricula for advanced training courses and seminars in fire science or fire engineering training to public and private postsecondary educational institutions;
(5) certify fire service personnel and nonfire service personnel who meet the qualifications set by the education board;
(6) require fire service personnel certified at any level to fulfill continuing education requirements in order to maintain certification; or
(7) contract or cooperate with any person and adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1 and as authorized under IC 36-8-10.5-7, to carry out its responsibilities under this section.
(d) The education board may impose a reasonable fee for the issuance of a certification described in subsection (c). The board shall deposit the fee in the fire and building services fund established by IC 22-12-6-1.
As added by P.L.245-1987, SEC.3. Amended by P.L.170-1996, SEC.1; P.L.30-2001, SEC.1; P.L.22-2005, SEC.41; P.L.101-2006, SEC.35; P.L.2-2007, SEC.308; P.L.78-2013, SEC.9; P.L.249-2019, SEC.30.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-7.5. Vacancies; Orders

Sec. 7.5. (a) The department may grant a variance to a rule the education board has adopted.
(b) The education board is the ultimate authority for orders issued under this section.
As added by P.L.249-2019, SEC.31.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-8. Investigations; Powers; Subpoenas; Discovery Orders; per Diem and Mileage Allowance

Sec. 8. (a) Regardless of the extent of the investigation conducted by a fire department under IC 36-8-17-7, the state fire marshal or a department fire investigator authorized by the state fire marshal may conduct an investigation into the causes and circumstances surrounding any fire or explosion.
(b) To carry out this section, the state fire marshal or a department fire investigator authorized by the state fire marshal may:
(1) exercise its powers under section 4 of this chapter;
(2) assist a prosecuting attorney with any criminal investigation;
(3) subpoena witnesses and order the production of books, documents, and other evidence;
(4) give oaths and affirmations;
(5) take depositions and conduct hearings;
(6) separate witnesses and otherwise regulate the course of proceedings; and
(7) obtain and secure evidence.
(c) Subpoenas, discovery orders, and protective orders issued under this section shall be enforced under IC 4-21.5-6-2.
(d) A person who is summoned and testifies under this section is entitled to receive a minimum salary per diem and a mileage allowance from the fire and building services fund. The budget agency shall set the amount of the per diem and mileage allowance.
(e) The state fire marshal and the department fire investigators authorized by the state fire marshal have law enforcement authority at all times while discharging their duties under this section as employees of the department.
(f) The executive director of the department has law enforcement authority at all times while discharging the duties of the executive director under this section.
As added by P.L.245-1987, SEC.3. Amended by P.L.5-1988, SEC.120; P.L.38-1990, SEC.5; P.L.13-1994, SEC.10; P.L.167-1997, SEC.5; P.L.30-1998, SEC.2; P.L.1-2006, SEC.367; P.L.187-2021, SEC.85.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-9. Plans and Specifications for Design Release; Review and Approval

Sec. 9. The department shall review and may approve plans and specifications presented to the department for a design release under IC 22-15-3 for compliance with the fire safety laws.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.368; P.L.187-2021, SEC.86.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-10. Fire Safety Enforcement Program and Complaint Investigation Program

Sec. 10. (a) The department shall carry out a program to:
(1) enforce all fire safety laws and related variances and other orders; and
(2) protect the public from fire hazards.
(b) The department shall carry out a program to investigate complaints.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.369; P.L.187-2021, SEC.87.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-11. Inspection Programs

Sec. 11. The department shall carry out a program to periodically inspect structures and other property that are used by the state, a county, a city, a town, or a school corporation, including institutions where inmates are involuntarily detained. Inspections shall be conducted under the schedule specified by the department. The department may exclude a class of buildings or other property from inspection under this section, if the department determines that the public interest will be served without inspection.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.370; P.L.187-2021, SEC.88.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education › 22-14-2-12. Fire Investigator Retirement

Sec. 12. Whenever a department fire investigator retires after at least twenty (20) years of service, the department shall, in recognition of the investigator's service to the department, do the following:
(1) Allow the investigator to retain the service weapon issued to the investigator by the department.
(2) Issue the investigator a badge that indicates the investigator is a retired department fire investigator.
(3) Issue the investigator an identification card that contains the following information:
(A) The name of the department.
(B) The name of the investigator.
(C) The investigator's position title before the investigator's retirement.
(D) A statement that the investigator is retired.
(E) A statement that the investigator is authorized to retain the service weapon issued to the investigator by the department.
As added by P.L.140-2005, SEC.4. Amended by P.L.1-2006, SEC.371; P.L.187-2021, SEC.89.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 3. Regulated Places of Amusement or Entertainment › 22-14-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.57-2008 apply to amusement and entertainment permits issued after June 30, 2008.
As added by P.L.220-2011, SEC.376.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 3. Regulated Places of Amusement or Entertainment › 22-14-3-1. Application of Chapter; Inspections

Sec. 1. (a) Except as provided in subsections (c) and (d), this chapter does not apply to a nonpublic school (as defined in IC 20-18-2-12) or a school operated by a school corporation (as defined in IC 20-18-2-16).
(b) The department shall carry out an inspection program to periodically inspect regulated places of amusement or entertainment. These inspections shall be conducted at least annually.
(c) A school that holds amusement or entertainment events shall be inspected at least one (1) time each year. The inspection may be performed by either the department or the fire department that has jurisdiction over the school.
(d) At the time of each annual inspection performed by the department, the department shall provide a fire safety checklist to each school that holds amusement or entertainment events. Each school shall be responsible for ensuring compliance with the items on the fire safety checklist for each amusement or entertainment event held at the school.
As added by P.L.245-1987, SEC.3. Amended by P.L.159-1995, SEC.5; P.L.1-2005, SEC.190; P.L.1-2006, SEC.372; P.L.187-2021, SEC.90.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 3. Regulated Places of Amusement or Entertainment › 22-14-3-2. Permits; Issuance; Expiration Date

Sec. 2. (a) The department shall issue an amusement and entertainment permit to an applicant who qualifies under section 3 of this chapter.
(b) A permit issued under section 3 of this chapter expires one (1) year after the date of issuance. The permit applies only to the place, maximum occupancy, and use specified in the permit.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.373; P.L.57-2008, SEC.6; P.L.110-2009, SEC.9; P.L.187-2021, SEC.91.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 3. Regulated Places of Amusement or Entertainment › 22-14-3-3. Permits; Qualifications; Applications; Fees

Sec. 3. To qualify for an amusement and entertainment permit, an applicant must:
(1) submit an application sworn or affirmed under penalties of perjury on forms provided by the department upon request;
(2) provide:
(A) the applicant's full name and address;
(B) the full name and address of each of the applicant's partners (if the applicant is a partnership), members or managers, if any (if the applicant is a limited liability company), and principal officers (if the applicant is a corporation);
(C) an indication of whether the applicant is an owner, lessee, occupant, or agent for the place covered by the application;
(D) a description of the place covered by the application, including a description of every building and room covered by the application; and
(E) any information required under the commission's rules;
(3) demonstrate through an inspection that the place covered by the application complies with applicable fire safety laws; and
(4) pay the fee set under IC 22-12-6-7.
As added by P.L.245-1987, SEC.3. Amended by P.L.8-1993, SEC.299; P.L.1-2006, SEC.374; P.L.187-2021, SEC.92.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 3. Regulated Places of Amusement or Entertainment › 22-14-3-4. Special Event Endorsements on Permits

Sec. 4. (a) The department may modify an amusement and entertainment permit with a special event endorsement that covers one (1) or more events not specified in the initial permit.
(b) To qualify for a special event endorsement, an applicant must:
(1) provide the information required by the commission;
(2) demonstrate through an inspection that the special events covered by the application will be conducted in compliance with applicable fire safety laws; and
(3) pay the inspection fee set under IC 22-12-6-7.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006, SEC.375; P.L.187-2021, SEC.93.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 3. Regulated Places of Amusement or Entertainment › 22-14-3-5. Operation Without Permit or Special Event Endorsement; Infraction

Sec. 5. (a) This section applies to the following:
(1) Each person who has control over the performance of an amusement or entertainment described in IC 22-12-1-23.
(2) Each person who has control over a regulated place of entertainment.
(b) A person described in subsection (a) commits a Class C infraction if:
(1) a regulated place of amusement or entertainment is used for an amusement or entertainment described in IC 22-12-1-23; and
(2) no regulated place of amusement or entertainment permit or special event endorsement issued under this chapter covers the conditions at the regulated place of amusement or entertainment that affect fire and explosion safety.
As added by P.L.245-1987, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-0.5. Application Date

Sec. 0.5. Sections 1 through 28 of this chapter apply beginning July 1, 2009.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-1. "Agent"

Sec. 1. As used in this chapter, "agent" means a person authorized by the department of state revenue to purchase and affix stamps (as defined by IC 6-7-1-9) on packages of cigarettes.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-2. "Brand Family"

Sec. 2. As used in this chapter, "brand family" has the meaning set forth in IC 24-3-5.4-1.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-3. "Cigarette"

Sec. 3. As used in this chapter, "cigarette" has the meaning set forth in IC 6-7-1-2.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-4. "Manufacturer"

Sec. 4. As used in this chapter, "manufacturer" means:
(1) an entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced that the manufacturer intends to be sold in Indiana, including cigarettes intended to be sold in the United States through an importer;
(2) a first purchaser that intends to resell in the United States cigarettes that the original manufacturer or maker does not intend to be sold in the United States; or
(3) an entity that becomes a successor of an entity described in subdivision (1) or (2).
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-5. "Quality Control and Quality Assurance Program"

Sec. 5. As used in this chapter, "quality control and quality assurance program" means the laboratory procedures implemented to ensure that:
(1) operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing; and
(2) the testing repeatability remains within the required repeatability values in section 13(f) of this chapter for all test trials used to certify cigarettes under this chapter.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-6. "Repeatability"

Sec. 6. As used in this chapter, "repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-7. "Retail Dealer"

Sec. 7. As used in this chapter, "retail dealer" means a person, other than a manufacturer or wholesale dealer, that sells cigarettes.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-8. "Sale"

Sec. 8. As used in this chapter, "sale" means any of the following:
(1) Transfer of title or possession, or both.
(2) Exchange or barter, including conditional exchanges or agreements.
(3) Giving cigarettes as samples, prizes, or gifts.
(4) Exchange of cigarettes for consideration other than money.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-9. "Sell"

Sec. 9. As used in this chapter, "sell" means to:
(1) sell; or
(2) offer or agree to sell.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-10. "Upc Bar Code"

Sec. 10. As used in this chapter, "UPC bar code" means the universal product code or another product identification code that includes:
(1) a unique symbol that consists of a machine readable code; and
(2) numbers that are readable by an individual;
that meets the standards established by GS1 US.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-11. "Wholesale Dealer"

Sec. 11. As used in this chapter, "wholesale dealer" means any of the following:
(1) A person, other than a manufacturer, that sells cigarettes to a retail dealer or other person for purposes of resale.
(2) A person who owns, operates, or maintains a cigarette vending machine in, at, or upon premises owned or occupied by another person.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-12. Requirements for Cigarettes to Be Sold

Sec. 12. Except as provided in section 19 of this chapter, cigarettes may not be sold or offered for sale in Indiana unless the cigarettes:
(1) have been tested according to the test method and meet the performance standard specified in section 13 or 15 of this chapter;
(2) have been certified under section 21 of this chapter; and
(3) have been marked under section 23 of this chapter.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-13. Cigarette Testing

Sec. 13. (a) Testing of cigarettes must be conducted according to the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes.
(b) Testing must be conducted on ten (10) layers of filter paper.
(c) Not more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section may exhibit full length burns. Forty (40) replicate tests comprise a complete test trial for each cigarette tested.
(d) The performance standard required by this section may be applied only to a complete test trial.
(e) Written certifications must be based upon testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization (ISO) or other comparable accreditation standard required by the state fire marshal.
(f) Laboratories conducting testing under this section must implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value may not be greater than nineteen hundredths (0.19).
(g) This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.
(h) Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the required performance standard must be conducted according to this section.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-14. Use of Lower Permeability Bands

Sec. 14. Each cigarette listed in a certification submitted under section 21 of this chapter that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in section 13 or 15 of this chapter must have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one (1) complete band must be located at least fifteen (15) millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least two (2) bands fully located at least fifteen (15) millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco column, or for nonfiltered cigarettes ten (10) millimeters from the labeled end of the tobacco column.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-15. Alternative Test Methods and Performance Standards

Sec. 15. (a) A manufacturer of a cigarette that the state fire marshal determines cannot be tested by the test method in section 13(a) of this chapter shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard in section 13(c) of this chapter, the manufacturer may use the test method and performance standard to certify the cigarette under section 21 of this chapter.
(b) If the state fire marshal determines that:
(1) another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter; and
(2) the officials in that state responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rule under a legal provision comparable to this section;
the state fire marshal shall authorize that manufacturer to use the alternative test method and performance standard to certify that cigarette for sale in Indiana, unless the state fire marshal demonstrates a reasonable basis for why the alternative test should not be accepted under this chapter. All other applicable requirements of this chapter apply to the manufacturer.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-16. Retention of Records; Penalty

Sec. 16. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years and make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer that fails to make copies of these reports available within sixty (60) days after receiving a written request is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixty (60) days that the manufacturer does not make the copies available.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-17. Adoption of Subsequent Test Methods

Sec. 17. The commission may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full length burns exhibited by any tested cigarette when compared to the percentage of full length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in section 13(c) of this chapter.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-18. Fire Marshal Review and Report

Sec. 18. (a) The state fire marshal shall periodically review the effectiveness of this chapter and issue a report that includes the state fire marshal's findings, information concerning cigarettes that are tested and found to be noncompliant with the performance standards of this chapter, and, if appropriate, recommendations for legislation.
(b) The state fire marshal shall transmit a report issued under subsection (a) in an electronic format under IC 5-14-6 to the executive director of the legislative services agency for distribution to the members of the general assembly.
As added by P.L.82-2008, SEC.1. Amended by P.L.130-2018, SEC.95.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-19. Exemption for Existing Cigarettes and Consumer Testing

Sec. 19. The requirements of section 12 of this chapter do not prohibit any of the following:
(1) A wholesale or retail dealer from selling the dealer's existing inventory of cigarettes on or after July 1, 2009, if the wholesale or retail dealer can establish that state tax stamps (as defined in IC 6-7-1-9) were affixed to the cigarettes before the effective date and if the wholesale or retailer dealer can establish that the inventory was purchased before the effective date in comparable quantity to the inventory purchased during the same period of the prior year.
(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subdivision, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer (or under the control and direction of a manufacturer) for the purpose of evaluating consumer acceptance of the cigarettes, using only the quantity of cigarettes that is reasonably necessary for the assessment.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-20. Implementation by State Fire Marshal

Sec. 20. Subject to the requirements of this chapter, the state fire marshal shall implement this chapter in a manner to obtain uniformity with the implementation and substance of the New York Fire Safety Standards for Cigarettes (N.Y. Exec. Law Section 156-c).
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-23. Cigarette Packaging Marks

Sec. 23. (a) Packages of cigarettes that are certified by a manufacturer under section 21 of this chapter must be marked to indicate compliance with the requirements of section 12 of this chapter. The marking must be in eight (8) point type or larger and consist of:
(1) modification of the product UPC bar code to include a visible mark printed at or around the area of the UPC bar code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC bar code;
(2) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed upon the cigarette package or cellophane wrap; or
(3) stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of this chapter.
(b) A manufacturer shall use only one (1) marking and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.
(c) The manufacturer shall notify the state fire marshal of the marking that is selected.
(d) Before certification of any cigarette, a manufacturer shall submit the manufacturer's proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve:
(1) a marking in use and approved for sale in New York under the New York Fire Safety Standards for Cigarettes; or
(2) the letters "FSC," which signifies Fire Standards Compliant, appearing in eight (8) point type or larger and permanently stamped, engraved, embossed, or printed on the package at or near the UPC bar code.
Proposed markings are considered approved if the state fire marshal fails to act within ten (10) business days after receiving a request for approval.
(e) A manufacturer may not modify its approved marking unless the modification has been approved by the state fire marshal under this section.
(f) A manufacturer certifying cigarettes under section 21 of this chapter shall:
(1) provide a copy of the certifications to all wholesale dealers and agents to which the manufacturer sells cigarettes; and
(2) provide sufficient copies of an illustration of the package marking used by the manufacturer under this section for each retail dealer to which the wholesale dealers or agents sell cigarettes.
Wholesale dealers and agents shall provide a copy of the package markings received from the manufacturers to all retail dealers to which the wholesale dealer or agent sells cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the department of state revenue, the alcohol and tobacco commission, and their employees to inspect markings on the cigarette packaging.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-25. Compliance Inspections

Sec. 25. (a) The:
(1) department of state revenue, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under IC 6-7; and
(2) alcohol and tobacco commission;
may inspect cigarettes to determine if the cigarettes are marked as required by section 23 of this chapter.
(b) The department of state revenue and the alcohol and tobacco commission shall notify the state fire marshal upon the discovery of cigarettes that are not marked as required.
As added by P.L.82-2008, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 7. Reduced Ignition Propensity Standards for Cigarettes › 22-14-7-26. Examination of Records, Premises, and Cigarettes

Sec. 26. To enforce this chapter, the attorney general and the state fire marshal, their authorized representatives, and law enforcement officers may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is required to give the attorney general, the department of state revenue, the alcohol and tobacco commission, the state fire marshal, their authorized representatives, and law enforcement officers the means, facilities, and opportunity for the examinations authorized by this chapter.
As added by P.L.82-2008, SEC.1.