reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-4. Orders Under Ic 4-21.5-3-6; Issuance

Sec. 4. The appropriate person under section 1 of this chapter shall issue the following orders under IC 4-21.5-3-6:
(1) An order requiring a person to cease and correct any violation of law.
(2) An order that imposes a sanction described in section 7(4) or 7(5) of this chapter or that imposes a requirement under IC 35-47.5-4-2.
(3) Any other enforcement order.
As added by P.L.245-1987, SEC.1. Amended by P.L.141-2003, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-5. Orders Under Ic 4-21.5-3-6; Time to Correct Violation

Sec. 5. An order issued under IC 4-21.5-3-6 must grant a reasonable time in which to cease and correct a violation of law covered by the order.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-6. Emergency or Temporary Orders

Sec. 6. (a) An emergency or other temporary order may be issued under IC 4-21.5-4 whenever the appropriate person under section 1 of this chapter determines that conduct or a condition of property:
(1) presents a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;
(2) is prohibited without a permit, registration, certification, release, authorization, variance, exemption, or other license required under IC 22-14 or IC 22-15 or another statute administered by a person described in section 1 of this chapter and the license has not been issued; or
(3) will conceal a violation of law.
(b) An emergency or other temporary order issued by an employee or agent of the department must be approved by the state fire marshal or by the executive director of the department.
(c) An approval under subsection (b) may be orally communicated to the employee or agent issuing the order. However, the department shall maintain a written record of the approval.
As added by P.L.245-1987, SEC.1. Amended by P.L.1-2006, SEC.357; P.L.187-2021, SEC.73.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-7. Orders Under Ic 4-21.5-3-6 or Ic 4-21.5-4; Corrective Actions; Sanctions

Sec. 7. An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the following, singly or in combination:
(1) Require a person who has taken a substantial step toward violating a law or has violated a law to cease and correct the violation.
(2) Require a person who has control over property that is affected by a violation to take reasonable steps to:
(A) protect persons and property from the hazards of the violation; and
(B) correct the violation.
(3) Require persons to leave an area that is affected by a violation and prohibit persons from entering the area until the violation is corrected.
(4) Impose any of the following sanctions with respect to a permit, registration, certification, release, authorization, variance, exemption, or other license issued by a person described in section 1 of this chapter:
(A) Permanently revoke the license.
(B) Suspend the license.
(C) Censure the person to whom the license is issued.
(D) Issue a letter of reprimand to a person to whom the license is issued.
(E) Place a person to whom the license is issued on probation.
An order to permanently revoke or suspend a license under this subdivision may include the revocation or suspension of a license issued under IC 35-47.5-4-4.5 for the commission of an offense under IC 35-47.5-5 or 18 U.S.C. 842 by the licensee.
(5) Impose on a person who has violated a law that may be enforced by the department a civil penalty not to exceed two hundred fifty dollars ($250) for each day the violation occurs.
As added by P.L.245-1987, SEC.1. Amended by P.L.141-2003, SEC.8; P.L.35-2004, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-8. Probation Orders

Sec. 8. (a) If a licensee is placed on probation under section 7 of this chapter, the person issuing the order may require that licensee to:
(1) report regularly to the department or another person upon the matters that are the basis of probation;
(2) limit use of property or other conduct to those areas prescribed by the person issuing the order; or
(3) if the disciplined licensee is an inspector or an inspection agency, continue or renew professional education under the department or another person approved by the person issuing the order until the person issuing the order finds that a satisfactory degree of skill has been attained in those areas that are the basis of the probation.
(b) The person issuing the order may cancel a probation order if it finds that the deficiency that required disciplinary action has been remedied by the licensee.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-9. Reinstatement of Suspended Licenses

Sec. 9. (a) The person issuing the order may reinstate a license that has been suspended under section 7 of this chapter if the person issuing the order is satisfied that the applicant for reinstatement is able to practice or operate with reasonable skill and safety.
(b) As a condition of reinstatement the person issuing the order may impose disciplinary or corrective measures authorized under this article.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-10. Consistency in Imposing Sanctions; Reasons for Departure From Prior Decisions

Sec. 10. (a) A person described in section 1 of this chapter shall try to be consistent in imposing sanctions authorized under section 7(4) of this chapter.
(b) If circumstances require a significant departure from prior decisions involving similar conduct, the person shall explain the reasons for the departure in its findings or orders.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-12. Appeal of Orders Issued by Office or Division of Department; Informal Discussions

Sec. 12. (a) This section applies to an order issued by an officer, employee, or agent of an office or division within the department.
(b) The office or division issuing an order shall give a person who:
(1) is aggrieved by the order; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the office or division. Review under this subsection does not suspend the running of the time period in which a person must petition under IC 4-21.5-3-7 to appeal the order.
(c) The office or division issuing the order may, on its own initiative or at the request of any person, modify its order or reverse the order.
(d) An order issued by an office or a division may be appealed to the commission under IC 4-21.5-3-7. A decision to deny a request to modify or reverse an order under subsection (c) is not appealable.
(e) If an order is appealed, the commission or its designee shall conduct all administrative proceedings under IC 4-21.5. In its proceedings, the commission may modify the order to impose any requirement authorized under this article or reverse the order.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-13. Applications for Court Orders

Sec. 13. In lieu of issuing an administrative order, the appropriate person under section 1 of this chapter may apply for an order from a circuit or superior court in the county in which a person takes a substantial step toward violating a law or a violation occurs.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 7. Administrative Adjudication; Special Judicial Proceedings › 22-12-7-14. Injunctions; Restraining Orders

Sec. 14. Upon a showing that a person has:
(1) taken a substantial step toward violating a law; or
(2) violated a law;
the court may grant without bond an injunction, restraining order, or other appropriate order.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 8. Infractions; Violations of Rules and Orders › 22-12-8-2. Violations; Infraction

Sec. 2. A person who violates:
(1) a rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15;
(2) a condition of a permit, certification, registration, release, authorization, variance, exemption, or other license issued under this article, IC 22-13, IC 22-14, IC 22-15; or
(3) any other order issued under this article, IC 22-13, IC 22-14, IC 22-15;
commits a Class C infraction.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 8. Infractions; Violations of Rules and Orders › 22-12-8-3. Recklessly Allowing Another to Commit Violation; Infraction

Sec. 3. A person who recklessly allows another to commit a violation of:
(1) a rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15;
(2) a condition of a permit, certification, registration, release, authorization, variance, exemption, or other license issued under this article, IC 22-13, IC 22-14, or IC 22-15; or
(3) any other order issued under this article, IC 22-13, IC 22-14, or IC 22-15;
that applies to property under the person's control commits a Class C infraction.
As added by P.L.245-1987, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 9. Heating Oil Tank Closure › 22-12-9-1. "Heating Oil Tank" Defined

Sec. 1. As used in this chapter, "heating oil tank" means an above ground or underground tank used to store heating oil for use as a fuel in heating a residential property.
As added by P.L.131-1997, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 9. Heating Oil Tank Closure › 22-12-9-2. Duties of Owners

Sec. 2. (a) Immediately upon abandoning the use of heating oil as a fuel in heating a property, the owner of a heating oil tank, under applicable state and federal law, shall:
(1) remove all flammable or combustible liquids from the heating oil tank, piping, and connections; and
(2) except as provided under subsection (b), remove the outside filling pipe.
(b) An owner is not required to remove an outside filling pipe under subsection (a)(2) if the owner permanently secures the tank against accidental filling.
(c) An owner of a heating oil tank described in subsection (a) shall, under applicable state and federal law, dispose of all flammable and combustible liquids removed under subsection (a).
As added by P.L.131-1997, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 9. Heating Oil Tank Closure › 22-12-9-3. Duties of Contractors or Subcontractors

Sec. 3. A contractor or subcontractor proposing to convert a residential property from heating oil to another heat source shall inform the property owner of the requirements of this chapter and include in a contract for labor and materials the cost of:
(1) properly removing and disposing of all flammable or combustible liquids from a heating oil tank; and
(2) either:
(A) removing an outside filling pipe; or
(B) permanently securing the tank against accidental filling.
As added by P.L.131-1997, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 10. Above Ground Swimming Pools at Class 2 Structures › 22-12-10-1. Applicability

Sec. 1. This chapter applies only to an above ground swimming pool that is sold:
(1) for installation on property that:
(A) contains a Class 2 structure; and
(B) does not contain a Class 1 structure; and
(2) in Indiana after December 31, 2008.
As added by P.L.72-2008, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 10. Above Ground Swimming Pools at Class 2 Structures › 22-12-10-2. "Above Ground Swimming Pool" Defined

Sec. 2. As used in this chapter, "above ground swimming pool" means any swimming pool whose sides rest fully above the surrounding earth.
As added by P.L.72-2008, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 10. Above Ground Swimming Pools at Class 2 Structures › 22-12-10-3. "Pool Retailer" Defined

Sec. 3. As used in this chapter, "pool retailer" means a person who sells an above ground swimming pool for installation on property that:
(1) contains a Class 2 structure; and
(2) does not contain a Class 1 structure.
As added by P.L.72-2008, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 10. Above Ground Swimming Pools at Class 2 Structures › 22-12-10-4. "Swimming Pool" Defined

Sec. 4. As used in this chapter, "swimming pool" has the meaning set forth in 675 IAC 20-1.1-18.
As added by P.L.72-2008, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 12. Fire Safety, Building, and Equipment Laws: General Administration › Chapter 10. Above Ground Swimming Pools at Class 2 Structures › 22-12-10-5. Pool Retailer Duties

Sec. 5. A pool retailer who sells an above ground swimming pool that has walls that are at least forty-eight (48) inches high shall ensure that the above ground swimming pool is sold with an access ladder or steps that may be:
(1) removed; or
(2) secured and locked;
when the above ground swimming pool is not in use.
As added by P.L.72-2008, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 1. Definitions › 22-13-1-2. "Building Rule"

Sec. 2. "Building rule" means a rule that:
(1) is adopted by the commission; and
(2) qualifies as a building law under IC 22-12-1-3.
As added by P.L.245-1987, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 1. Definitions › 22-13-1-3. "Fire Safety Rule"

Sec. 3. "Fire safety rule" means a rule that:
(1) is adopted by the commission; and
(2) qualifies as a fire safety law under IC 22-12-1-13.
As added by P.L.245-1987, SEC.2.
2023 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 › 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.
2023 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 › 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.
2023 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 › 22-13-2-2. Statewide Code of Fire and Safety Building Laws; National Code Adoption

Sec. 2. (a) Except as provided in section 3.5 of this chapter, 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 shall adopt the following national codes or their equivalent 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.
(7) ASME A17.3 (Safety Code for Existing Elevators and Escalators, an American National Standard).
(8) ASME A17.6 (Standard for Elevator Suspension, Compensation, and Governor Systems).
(c) The commission shall review the subsequent edition of each code adopted under subsection (b) within twenty-four (24) months after the effective date of the subsequent edition.
(d) Except as provided in subsection (e), the commission may amend the national codes as a condition of the adoption under subsections (b) and (c).
(e) An amendment to the national code under subsection (d) may not unreasonably impair public safety.
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; P.L.104-2018, SEC.2; P.L.230-2019, SEC.3.
2023 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 › 22-13-2-2.5. Statewide Residential Code Adoption

Sec. 2.5. (a) Before January 1, 2020, the commission shall adopt rules under IC 4-22-2 to replace the statewide residential code for Class 2 structures that is included within the statewide code of fire safety laws and building laws adopted under section 2 of this chapter.
(b) If the commission uses a national code as part of the adoption of a replacement statewide residential code under subsection (a), the commission shall amend the national code as a condition of the adoption under subsection (a).
(c) The commission shall submit a report to the general assembly not later than January 1, 2019, regarding the commission's work during the previous year related to adoption of a replacement statewide residential code under subsection (a). The report to the general assembly must be submitted in an electronic format under IC 5-14-6.
As added by P.L.104-2018, SEC.3.
2023 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 › 22-13-2-2.6. Adoption of Rules Exempting Bunkhouses From Automatic Fire Sprinkler System Requirements

Sec. 2.6. Before January 1, 2021, the commission may adopt rules under IC 4-22-2 to exempt a bunkhouse from being required to be equipped with an automatic fire sprinkler system.
As added by P.L.79-2019, SEC.2.
2023 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 › 22-13-2-3. Precedence of Rules Adopted by Commission; Reference to Rules; Ordinances

Sec. 3. (a) 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 not adopt an ordinance that conflicts with or includes more stringent or detailed requirements than the commission's rules.
As added by P.L.245-1987, SEC.2. Amended by P.L.104-2018, SEC.4; P.L.155-2023, SEC.7.
2023 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 › 22-13-2-3.5. Rules Requiring the Installation of Automatic Fire Sprinkler Systems Prohibited

Sec. 3.5. (a) The following may not adopt rules requiring the installation of an automatic fire sprinkler system in a Class 2 structure:
(1) The commission.
(2) Another state agency.
(b) A political subdivision may not adopt an ordinance or other regulation requiring the installation of an automatic fire sprinkler system in a Class 2 structure.
As added by P.L.104-2018, SEC.5.
2023 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 › 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.
2023 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 › 22-13-2-4.1. Plan Reviews by Both State and Local Agencies

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 department.
(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. Amended by P.L.187-2021, SEC.74.
2023 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 › 22-13-2-5. License for Low Voltage Thermostat

Sec. 5. 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; P.L.155-2023, SEC.8.
2023 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 › 22-13-2-5.5. Repealed

As added by P.L.101-2015, SEC.2. Amended by P.L.72-2018, SEC.13. Repealed by P.L.155-2023, SEC.9.
2023 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 › 22-13-2-5.6. Proposing Amendments to Commission

Sec. 5.6. (a) As used in this section, "building code" means a building code and includes the standards related to a building code.
(b) As used in this section, "unit" means a county, city, or town.
(c) Beginning January 1, 2024, a unit may submit a proposal to the commission to amend any building code that the commission adopts or updates after December 31, 2023. A unit may submit the proposal in hard copy or in an electronic form that is acceptable to the commission. A proposal must include the following:
(1) A resolution adopted by the unit to request an amendment to the building code that:
(A) specifies the building code language to be amended; and
(B) states the safety issue that is the basis for the proposed amendment.
(2) A fiscal analysis of the estimated cost or savings resulting from the proposed building code amendment.
(d) The commission shall hold one (1) meeting each year to review and consider all proposals submitted by units. A unit may submit a proposal at any time. However, the commission shall review and consider only complete proposal submissions that are received not later than sixty (60) days before the date of a meeting in which proposals are considered.
(e) The commission shall:
(1) place a proposal on the meeting agenda not later than thirty (30) days before the date of the meeting in which the proposal is considered; and
(2) take public testimony at the meeting.
(f) The commission may only adopt a proposed amendment upon an affirmative vote of not less than two-thirds (2/3) of the members of the commission present and voting as provided in IC 22-12-2-6.
(g) A building code amendment adopted by the commission under this section is subject to IC 22-12-2.5-2.
As added by P.L.155-2023, SEC.10.
2023 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 › 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.
2023 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 › 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.
2023 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 › 22-13-2-8. Equipment Law Rules

Sec. 8. (a) The commission shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated lifting devices.
(b) The commission shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated boilers and pressure vessels.
(c) The commission 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) The commission 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; P.L.171-2019, SEC.4; P.L.249-2019, SEC.23; P.L.156-2020, SEC.83.
2023 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 › 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.
2023 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 › 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 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; P.L.187-2021, SEC.75.
2023 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 › 22-13-2-11. Variances

Sec. 11. (a) The department or the commission may grant a variance to any rule adopted by the commission. However, the commission may grant a variance under this section only if the department places the application for the variance on the commission's agenda.
(b) To qualify for a variance, an applicant must pay the fee set under IC 22-12-6-6 and file an application, on a form approved by the department, that contains 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 considering the variance application;
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.
(e) Variances granted by the boiler and pressure vessel rules board and the regulated amusement device safety board prior to July 1, 2019, are valid and remain in full force and effect.
(f) The department shall make all variance applications available for review on a public portal.
(g) Local fire and building officials shall receive notice of variance applications filed under this section within their respective jurisdictions.
(h) A local fire official, local building official, or other interested party may submit documentation regarding a variance application to the department or commission for review and consideration prior to an initial determination being made on the application by the department or the commission.
(i) The department or commission shall wait at least five (5) business days after a variance application is filed before making an initial determination on the application.
(j) The commission may adopt emergency rules under IC 4-22-2-37.1 to implement this section. An emergency rule adopted under this subsection expires not later than July 1, 2021.
As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003, SEC.10; P.L.249-2019, SEC.24.
2023 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 › 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.
2023 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 › 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 department to adopt rules to implement this article, IC 22-12, IC 22-14, and IC 22-15 shall be exercised by the commission.
As added by P.L.245-1987, SEC.2. Amended by P.L.1-2006, SEC.359; P.L.187-2021, SEC.76.
2023 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 › 22-13-2-14. Studies and Consultation

Sec. 14. The commission or department 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. Amended by P.L.249-2019, SEC.26.
2023 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 › 22-13-2-14.1. Consultation With Industry Expert

Sec. 14.1. (a) The commission or department shall consult with an industry expert to discuss a variance application or an update to a rule or safety standard concerning:
(1) a boiler or pressure vessel; or
(2) a regulated amusement device.
(b) An industry expert for the purposes of consulting under subsection (a)(1) must be:
(1) a professional engineer registered under IC 25-31; and
(2) knowledgeable in and have experience with boiler and pressure vessels.
As added by P.L.171-2019, SEC.5 and P.L.249-2019, SEC.27. Amended by P.L.187-2021, SEC.77.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 3. Standards for Fire Safety Rules; Exemption From Regulated Explosives Magazine Permit Requirement › 22-13-3-1. Fire Safety Rules; Adoption

Sec. 1. The commission shall adopt fire safety rules that prohibit the following:
(1) The storage of regulated explosives (as defined in IC 35-47.5-2-13) in quantities exceeding the maximum quantity specified by the commission.
(2) The storage of regulated explosives (as defined in IC 35-47.5-2-13) at a site that is located less than the minimum distance specified by the commission from a railroad, highway, or other place of habitation or assembly.
(3) The use of a receptacle, burning fixture or equipment, heating fixture or equipment, or structure for an explosive, flammable, or other combustible matter that does not meet the design and composition standards specified by the commission.
(4) The keeping, storage, use, manufacture, sale, handling, transportation, or disposition of an explosive, flammable, or other combustible matter in violation of any other requirements specified by the commission.
As added by P.L.245-1987, SEC.2. Amended by P.L.123-2002, SEC.27.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 3. Standards for Fire Safety Rules; Exemption From Regulated Explosives Magazine Permit Requirement › 22-13-3-2. Laboratories; Rules for Manufacture of Explosives; Exemption From Regulated Explosive Magazines Permit

Sec. 2. (a) This section applies to the following laboratories:
(1) Analytical laboratories approved by the department under the alternative criteria established by the commission in its rules.
(2) Laboratories that are:
(A) operated by a college, university, school, or other educational entity for the purpose of instruction or research; and
(B) approved by the department under the alternative criteria established by the commission in the rules.
(b) The commission may:
(1) apply different rules to the manufacture of regulated explosives (as defined in IC 35-47.5-2-13) in a laboratory described in subsection (a) than apply to other places where regulated explosives (as defined in IC 35-47.5-2-13) are manufactured; and
(2) adopt rules under IC 4-22-2 to exempt laboratories described in subsection (a) from the regulated explosive magazines permit requirement under IC 35-47.5-4.
As added by P.L.245-1987, SEC.2. Amended by P.L.123-2002, SEC.28; P.L.1-2006, SEC.360; P.L.187-2021, SEC.78.
2023 Indiana Code › Title 22. Labor and Safety › Article 13. Fire Safety, Building, and Equipment Laws: Rules › Chapter 3. Standards for Fire Safety Rules; Exemption From Regulated Explosives Magazine Permit Requirement › 22-13-3-3. Class 1 Structures; Rules Prohibiting Occupancy or Use

Sec. 3. The commission shall adopt fire safety rules that prohibit the occupancy or use of Class 1 structures that do not comply with the commission's rules governing the number, type, location, identification, repair, and maintenance of emergency exits, smoke detection devices, and other emergency communication devices.
As added by P.L.245-1987, SEC.2.
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 › 22-13-4-1. Conditions to Be Promoted by Rules

Sec. 1. (a) The building rules adopted by the commission to govern new construction must promote the following:
(1) Safety.
(2) Sanitary conditions.
(3) Energy conservation.
(4) Access by a person with a physical disability to Class 1 structures.
(b) Rules that:
(1) are adopted by the commission; and
(2) are not covered by subsection (a);
must promote safety.
As added by P.L.245-1987, SEC.2. Amended by P.L.23-1993, SEC.151; P.L.249-2019, SEC.28.
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 › 22-13-4-1.5. Compliance With Americans With Disabilities Act

Sec. 1.5. (a) The commission shall adopt building rules for the purpose of complying with and implementing the Americans with Disabilities Act (42 U.S.C. 12181 et seq.) and any amendments and regulations relating to the Act, to be consistent with the Americans with Disabilities Act Accessibility Guidelines (28 CFR 36.101 et seq.).
(b) The rules adopted under this section must:
(1) require that new construction must be readily accessible to and usable by individuals with disabilities, unless it is structurally impracticable to meet the accessibility requirements according to the standards established by the Americans with Disabilities Act Accessibility Guidelines (28 CFR 36.101 et seq.);
(2) require that an alteration of an existing facility must be made so that the alteration complies with the readily achievable barrier removal provisions of the Americans with Disabilities Act Accessibility Guidelines (28 CFR 36.101 et seq.); and
(3) allow the use of reasonable and cost-effective alternative means of public access or service if the alternative means are consistent with the Americans with Disabilities Act (42 U.S.C. 12181 et seq.).
As added by P.L.118-1994, SEC.3. Amended by P.L.168-1997, SEC.1.
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 › 22-13-4-1.6. Audio Frequency Induction Loop Systems and Beacon Positioning Systems

Sec. 1.6. (a) The commission shall adopt building rules regarding installation of audio frequency induction loop systems and beacon positioning systems in Class 1 structures located in a first or second class city after June 30, 2020.
(b) The rules adopted under this section must:
(1) require that a person performing new construction must consider the installation of:
(A) an audio frequency induction loop system as part of any public address system unless installation of an audio frequency induction loop system would be impractical; and
(B) a beacon positioning system unless installation of a beacon positioning system would be impractical;
(2) require that a person performing any major alteration of an existing facility's public address system must consider the installation of:
(A) an audio frequency induction loop system unless installation of an audio frequency induction loop system would be impractical; and
(B) a beacon positioning system unless installation of a beacon positioning system would be impractical;
(3) require that a person performing new construction or any major alteration of an existing facility's public address system under subdivision (1) or (2) must solicit:
(A) at least one (1) bid for the installation of an audio frequency induction loop system unless installation of an audio frequency induction loop system would be impractical; and
(B) at least one (1) bid for the installation of a beacon positioning system unless installation of a beacon positioning system would be impractical;
(4) adopt American National Standards Institute (ANSI) and International Electrotechnical Commission (IEC) standards for audio frequency induction loop system installation, maintenance, and performance; and
(5) develop standards for installation and maintenance of a beacon positioning system.
As added by P.L.200-2019, SEC.1.
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 › 22-13-4-2. Industrialized Building Systems and Mobile Structures

Sec. 2. The commission shall adopt building rules to govern the construction of industrialized building systems and mobile structures. In these rules, industrialized building systems and mobile structures may be exempted from requirements that otherwise apply to buildings or other structures.
As added by P.L.245-1987, SEC.2.
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 › 22-13-4-3. Models or Offices for Sale of Family Dwellings; Buildings Used Primarily as Dwellings; Exemption From Rules and Design Release Requirement

Sec. 3. (a) This section applies to a building or other structure that is:
(1) temporarily used as a model or office for the sale of a one (1) or two (2) family dwelling; or
(2) used for an occupation that is compatible, as determined by criteria established by the commission, with its primary use as a dwelling.
(b) The commission may adopt building rules that exempt a building or other structure described in subsection (a) from:
(1) building rules that otherwise apply to Class 1 structures; and
(2) the design release requirement under IC 22-15-3.
As added by P.L.245-1987, SEC.2.
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 › 22-13-4-4. Minor Construction; Exemptions

Sec. 4. The commission may adopt building rules that exempt minor construction (as defined in the rules adopted by the commission) from the design release requirement under IC 22-15-3 and the regulated lifting device installation or alteration permit requirement under IC 22-15-5.
As added by P.L.245-1987, SEC.2.