reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 5 - Variances › Section 5-7 - Architecturally or historically significant structures

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 14-21; IC
				  22-12-7-3;
				  IC
				  22-13-2-11
Sec. 7.
A structure shall be deemed as architecturally significant or
				  historically significant if it has been placed on the National Register of
				  Historic Places under the National Historic Preservation Act (
				  16 U.S.C. §
										470 et seq.) or if it has been placed on the
				  Register of Indiana Historic Sites and Structures under IC 14-21. A
				  determination that a structure has been determined eligible for the Register of
				  Indiana Historic Sites and Structures by the Division of Historic Preservation
				  and Archeology of the Indiana Department of Natural Resources creates a
				  presumption that a structure is architecturally or historically
				  significant.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 5 - Variances › Section 5-9 - Sanctions imposed on previously issued variances

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-6;
				  IC
				  4-21.5-3-7;
				  IC 4-21.5-4; IC
				  22-12-7-6;
				  IC
				  22-12-7-7;
				  IC
				  22-13-2-11
Sec. 9.
(a) The
				department or the commission (whichever body made the determination on the
				variance) may impose a sanction concerning a variance it has previously issued
				under IC
				22-12-7-7.
				Available sanctions are as follows:
(1)
				Revocation.
(2)
				Suspension.
(3) Censure.
(4) Reprimand.
(5) Probation.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-1 - Purpose and scope

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-12; IC 22-13; IC 22-14; IC 22-15-3
Sec. 1.
(a) The
				purpose of this rule is to establish administrative procedures and general
				provisions for the filing of plans and specifications and the issuance of
				design releases under IC 22-15-3.
(b) This rule covers the filing of plans and
				specifications and the issuance of design releases for Class 1 structures. The
				filing of plans and specifications and the issuance of design releases for
				industrialized building systems and mobile structures are covered by the
				special administrative rules for industrialized building systems and mobile
				structure systems under 675 IAC 15.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-2 - Definitions

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  22-12-1-5;
				  IC
				  22-12-1-17;
				  IC 22-15-3; IC 25-4; IC 25-31; IC
				  32-25-2-9
Sec. 2.
(a) The
				definitions in this section apply throughout this rule.
(b) "Class 1 structure" means the following:
(1) Any part of the following:
(A) A building or structure that is intended
				to be or is occupied or otherwise used in any part by any of the following:
(i) The public.
(ii) Three (3) or more tenants.
(iii) One (1) or more persons who act as the
				employees of another.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-3 - Design release; requirement

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3
Sec. 3.
(a) No
				construction shall be done on a Class 1 structure until a design release has
				been issued by the division unless the construction is of a type specifically
				exempted from the design release requirements by section 4 of this rule. Design
				releases may be issued by the division.
(b) If a foundation release is obtained under
				section 14 of this rule, construction may:
(1) be done to the grade level only as
				provided for by section 14(c) of this rule; and
(2) not go beyond that point without the
				issuance of a design release or a partial design release authorizing the
				further construction.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-4 - Exemptions from design release requirement

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 4-21.5; IC 12-13-4-3; IC 22-15-3
Sec. 4.
(a) Design
				releases are necessary for construction on all Class 1 structures, except the
				following:
(1) Class 1 structures that will
				never be occupied or otherwise used in any part by the public and that will not
				normally be occupied or otherwise used in any part by a person who is acting as
				an employee of another, of the following types:
(A) Oil derricks.
(B) Pipelines, including related physical
				support structures.
(C) Tanks for
				storage of products, other than flammable or combustible liquids or gases, that
				are factory fabricated and assembled.
(D) Electrical power cable transmission
				towers and substations.
(E)
				Structures used for communication purposes, except for:
(i) satellite dishes exceeding ten (10) feet
				in diameter; and
(ii) antennas
				exceeding thirty (30) feet in length; when mounted on the roof of a Class 1
				structure.
(F) Structures
				appurtenant to:
(i) industrial
				plants;
(ii) power generating
				plants;
(iii) gas plants;
(iv) bulk storage facilities; and
(v) shipping terminals; where the functions
				of the structures are primarily the support of related equipment.
(G) Structures of:
(i) sewage;
(ii) water;
(iii) gas; and
(iv) electric; utilities.
(H) Signs, except those mounted on
				the roof of a Class 1 structure, that exceed one hundred (100) square feet of
				surface area.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-5 - Application process for design release

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 5.
An applicant for a design release shall:
(1) Submit one (1) Application for
				Construction Design Release form containing the information required by section
				6 of this rule.
(2) Submit plans
				and specifications containing the items required by section 7 of this
				rule.
(3) Pay the fee provided for
				by section 8 of this rule and set in
				675 IAC
				12-3-2.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-6 - Application for construction design release

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-12-1-3; IC 22-15-3
Sec. 6.
(a) The
				application for construction design release (ACDR) form:
(1) shall be available from the division;
				and
(2) may be available from
				building departments of local units of government.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-7 - Plans and specifications

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3; IC 25-4; IC 25-31
Sec. 7.
(a) Plans
				and specifications filed with an application for a design release shall comply
				with this section.
(b) All plans and
				specifications and any supporting data filed shall be as follows:
(1) Sufficiently clear and complete to show
				in detail that the proposed work will comply with the rules of the
				commission.
(2) In the English
				language and dimensions in the English units of measurement (yards, feet, or
				inches).
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-8 - Fees

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 8.
(a) An
				application for a design release shall be accompanied by payment of the
				appropriate plan review fee as set forth in 675 IAC 12-3.
(b) Additional special processing fees shall
				be paid as required by 675 IAC 12-3.
(c) The surcharge for late filing of plans
				and specifications shall apply when the construction:
(1) is begun on a Class 1 structure where a
				design release is required before the design release has been issued by the
				division; and
(2) job site has been
				inspected by any representative of the division.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-9 - Design professionals

Current through July 10, 2024
Authority: IC
				  22-13-2-13;
				  IC
				  22-15-3-3
Affected: IC 22-15-3
Sec. 9.
(a) Design
				professionals are required for the construction of Class 1 structures where a
				design release is required, except any of the following:
(1) Class 1 structures with thirty thousand
				(30,000) or fewer cubic feet of space.
(2) Additions to Class 1 structures if the
				addition adds thirty thousand (30,000) or fewer cubic feet of space.
(3) Alteration to a Class 1 structure if the
				alteration does not involve changes affecting the structural safety of the
				Class 1 structure.
(4) Installation
				or alteration of an automatic fire sprinkler system in a Class 1 structure
				designed by persons as described in subsection (b).
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-10 - Predesign conferences

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 10.
An applicant may request in writing consultation with
				  representatives of the division for the purpose of resolving questions on the
				  application of the rules of the commission to a specific project. The results
				  of any consultations shall:
(1) not be
				binding on the division in the consideration of an application for a design
				release; and
(2) in no way serve as
				a substitute for the authority of the commission to grant or deny variances
				under 675 IAC 12-5.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-11 - Alternative materials, methods, and design

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3
Sec. 11.
(a) This
				section does not authorize a variance from any rule adopted by the
				commission.
(b) The rules adopted
				by the commission do not prevent the use of:
(1) materials;
(2) methods of construction; or
(3) design procedures; if they are not
				specifically prohibited in the rules and if they are approved under subsection
				(c) or (d).
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-12 - Consideration of applications for design releases

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-4;
				  IC
				  4-21.5-3-7;
				  IC 22-15-3
Sec. 12.
(a) The
				division shall consider applications for design releases and plans and
				specifications filed under this rule. No design release shall be issued unless:
(1) section 5 of this rule has been complied
				with by the applicant; and
(2) the
				plans and specifications submitted with the application have been reviewed by
				the division.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-13 - Denial and subsequent application

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-7;
				  IC 22-15-3
Sec. 13.
(a)
				Subsequent to the denial of a design release under section 12(c) and 12(e) of
				this rule, any further consideration of a design release may only be done under
				a new application for design release under section 5 of this rule, including a
				new application, plans and specifications, and paying of appropriate
				fees.
(b) After denial of a design
				release (at the expiration of the time period for filing a petition for review
				under IC
				4-21.5-3-7
				or after resolution of a petition for review, whichever date is later), all
				plans and specifications previously filed will be subject to being destroyed
				without notice to the applicant, but may be returned to the applicant upon a
				timely request.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-14 - Foundation releases

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 14.
(a) A
				foundation release may be issued by the division upon the request of an
				applicant for a design release to allow for construction work to the extent
				stated in subsection (c) to be undertaken before plan review and consideration
				of the issuance of a design release if the:
(1) documents and fees required under section
				5 of this rule have been submitted; and
(2) applicant:
(A) submits an application on a form provided
				by the division:
(i) stating the name and
				address of the construction project; and
(ii) agreeing to comply with the provisions
				of subsections (c) and (e); and
(B) pays the fee for a foundation release set
				by 675 IAC 12-3.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-15 - Partial design releases

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3
Sec. 15.
(a) A
				partial design release may be issued by the division.
(b) Applicants for design releases may
				request partial design releases:
(1) in order
				to facilitate project designing, bidding, and construction; or
(2) for other valid reasons.
Requests for partial design releases shall be filed with all
				  of the documents and fees required under section 5 of this rule except that
				  plans and specifications outside the scope of the partial design release
				  request need not be filed.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-16 - Master plan design release

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 4-21.5-3-6; IC 4-21.5-3-7; IC 22-15-3
Sec. 16.
(a) Master
				plan design releases may be issued by the division.
(b) As used in this section, "master plan"
				means a set of plans and specifications for Class 1 structures the scope of
				which includes only the structural framing and shell enclosures and does not
				include any:
(1) mechanical;
(2) plumbing;
(3) electrical;
(4) energy conservation; and
(5) accessibility; systems or
				components.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-17 - Conditional design releases

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 17.
In order to facilitate the issuance of design releases when
				  the plan review process finds minor omissions or minor items contrary to the
				  rules of the commission, conditional design releases may be issued without the
				  need for further or corrected plans and specifications being filed. Conditional
				  design releases may be issued for all types of design releases except
				  foundation releases. Such conditions shall be binding unless a petition for
				  review is filed under
				  675 IAC
				  12-6-12.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-18 - Addenda or revised design releases

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 18.
(a) No
				design changes or additions to the scope of work shall be made on a
				construction project subsequent to the issuance of an applicable design release
				unless an addendum or revised design release is issued by the
				division.
(b) Such design changes
				shall not include increases in project height or area.
(c) An applicant for an addendum or revised
				design release shall submit the following to the division:
(1) On a form provided by the division, which
				shall be signed by the owner and design professional, if one is required for
				the construction project, the following information:
(A) The name and address of the construction
				project.
(B) The division's project
				number.
(C) The scope of the work
				involved in the design changes or additions.
(D) By page or sheet number, the portions of
				the original plans and specifications being changed.
(E) Other reasonable data and information
				concerning compliance with the rules of the commission that the division may
				require.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-19 - Copy of the design release; posting; maintenance of plans and specifications

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3
Sec. 19.
(a) A copy
				of the design release shall be posted by the applicant as follows:
(1) In a conspicuous place on the
				premises.
(2) Protected from the
				weather.
(3) Located in such a
				position so it can be conveniently seen by inspectors.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-20 - Expiration of design releases

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 4-21.5-3-4; IC 4-21.5-3-7; IC 22-15-3
Sec. 20.
(a) All
				design releases (except master plan releases) expire if the construction work
				on all buildings within the scope of the design release is not commenced within
				one (1) year of the date of the release. However, an owner holding an unexpired
				design release who is unable to commence construction work within one (1) year
				of the issuance of the design release for good and satisfactory reasons may
				apply for an extension of time within which he or she may commence work under
				that design release. The division may extend the design release one (1) time
				for a period not exceeding one hundred eighty (180) days if:
(1) no changes have been made in the plans
				and specifications filed with the original application for a design
				release;
(2) no changes to the
				rules of the commission applicable to the scope of the design release have been
				made;
(3) the extension is
				requested in writing by the applicant verifying subdivision (1);
(4) the release extension fee established by
				675 IAC 12-3 has been paid; and
(5)
				the extension of time will not adversely affect the public health, safety, or
				welfare.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-21 - Compliance with rules

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3
Sec. 21.
The issuance of a design release does not relieve the owner
				  from compliance with all applicable rules of the commission even if items
				  contrary to the rules of the commission are shown in plans and specifications
				  that have been filed with the division.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-22 - Requirements of other laws

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-15-3
Sec. 22.
The issuance of a design release in no way relieves the
				  applicant from the requirements of any law including statute, rules,
				  regulations or ordinances of the federal government, the state government and
				  local units of government.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 6 - Design Releases › Section 6-23 - Design release revocations

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-6;
				  IC
				  4-21.5-3-7;
				  IC
				  22-12-7-7;
				  IC 22-15-3
Sec. 23.
(a) Under
				IC
				22-12-7-7,
				the division may impose a sanction concerning any type of design release
				previously issued. Available sanctions are as follows:
(1) Revocation.
(2) Suspension.
(3) Censure.
(4) Reprimand.
(5) Probation.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 7 - Local Plan Review › Section 7-1 - Purpose and scope

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3-1
Sec. 1.
(a) The
				purpose of this rule is to:
(1) establish
				administrative procedures for the review of plans and specifications by
				certified cities, towns, or counties under IC 22-15-3-1; and
(2) reduce the time needed by the division to
				issue a design release under 675 IAC 12-6.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 7 - Local Plan Review › Section 7-2 - Certification; application

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-4;
				  IC
				  4-21.5-3-7;
				  IC
				  22-13-2-3;
				  IC
				  22-15-3-1
Sec. 2.
(a) A city,
				town, or county that has in its employ a person qualified under this rule whose
				duties include the review of construction plans and specifications for
				conformance with applicable rules of the commission may apply for certification
				under IC
				22-15-3-1.
(b) Application may be made in letter form by
				the executive officer or officers of a city, town, or county. An application
				shall include the following:
(1) The name and
				title of each qualified plan reviewer.
(2) Documents that show that each plan
				reviewer has successfully passed the competency test designated in this
				rule.
(3) A signature card
				completed by each qualified plan reviewer.
(4) A statement by the applicant that prompt
				notification shall be given to the division upon the termination of employment
				or assignment to other duties of any qualified plan reviewer.
(5) A statement that the city, town, or
				county has adopted the rules of the commission under IC
				22-13-2-3.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 7 - Local Plan Review › Section 7-3 - Certification; sanctions

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-6;
				  IC
				  4-21.5-3-7;
				  IC
				  22-12-7-7;
				  IC
				  22-15-3-1
Sec. 3.
(a) Under IC
				22-12-7-7,
				the division may impose a sanction concerning any certification of a city,
				town, or county. Available sanctions are as follows:
(1) Revocation.
(2) Suspension.
(3) Censure.
(4) Reprimand.
(5) Probation.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 7 - Local Plan Review › Section 7-4 - Competency testing; written examinations

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3-1
Sec. 4.
(a) A
				written test shall be administered to determine if a person is a qualified plan
				reviewer for the purposes of this rule. The test shall be administered by the
				division. The test shall be in the following two (2) parts:
(1) The plans examiner test prepared by the
				International Code Council (ICC).
(2) The state plan review test prepared by
				the division.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 7 - Local Plan Review › Section 7-5 - Local plan review; procedures; seals

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-15-3
Sec. 5.
(a) A city,
				town, or county certified to perform plan review of Class 1 structures shall
				adhere to the following procedures:
(1) Plans
				and specifications shall be checked for compliance with 675 IAC 12-6, Design
				Releases.
(2) A report of errors
				and omissions shall be prepared for each construction project covered by
				submitted plans and specifications.
(3) The report of errors and omissions shall
				include a citation reference to the exact section of a rule of the commission
				for each error or omission noted by the plan reviewer.
(4) Upon preparation, the report of errors
				and omissions shall be mailed directly to the division on the same working day.
A copy may be furnished to the applicant for the design
				  release.
(5) The local
				qualified plan reviewer shall stamp each set of submitted plans and
				specifications with a seal provided by the division.
(6) The local plan reviewer will affix his or
				her signature over the seal to identify those sets to be subsequently submitted
				to the division in accordance with 675 IAC 12-6.
(7) The stamped set of plans and
				specifications shall be returned to the applicant with an instruction to submit
				them, with a completed application for construction design release, to the
				division in accordance with 675 IAC 12-6.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-1 - Purpose

Current through July 10, 2024
Authority: IC
				  22-13-2-2;
				  IC
				  22-13-2-13
Affected: IC 22-12; IC 22-13; IC 22-14
Sec. 1.
The purpose of this rule is to establish administrative
				  procedures for the:
(1)
				application;
(2) issuance;
				and
(3) renewal; of permits by the
				state fire marshal.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-2 - Definitions

Current through July 10, 2024
Authority: IC 22-13-2-2; IC 22-13-2-13
Affected: IC 22-12-1; IC 22-14-2; IC 22-14-3-2
Sec. 2.
(a) The
				definitions in this section apply only to this rule.
(b) "Amusement" means the same as
				entertainment.
(c) "Entertainment"
				means a performance or show designed to amuse or divert an assembly of
				persons.
(d) "Place" means, in the
				context of a place of amusement or entertainment, any of the following:
(1) A building primarily classified or
				capable of being classified as a Group A Occupancy under the Indiana Building
				Code (675 IAC 13).
(2) A room
				classified or capable of being classified as a Group A Occupancy under the
				Indiana Building Code (675 IAC 13).
(3) A structure classified or capable of
				being classified as a Group A-4 Occupancy under the Indiana Building Code (675
				IAC 13).
(4) A designated outdoor
				area upon which are installed or erected temporary or permanent regulated
				amusement devices as defined in
				675 IAC
				23-1-4.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-3 - Amusement and entertainment permits

Current through July 10, 2024
Authority: IC
				  22-12-6-6
Affected: IC
				  22-12-6-7;
				  IC
				  22-14-3-2;
				  IC
				  22-14-3-3
Sec. 3.
(a) An
				applicant for an annual amusement and entertainment permit shall submit an
				application, with the applicable fee as set in IC
				22-12-6-7,
				to the state fire marshal on forms provided by the division. An application may
				be submitted as early as September 1 of the year preceding the calendar year
				for which a permit will cover. Each application shall provide the information
				required by IC
				22-14-3-3
				and the following:
(1) A listing of each use,
				giving the:
(A) days and hours of operation of
				regularly scheduled events; and
(B)
				dates and inclusive times of special events planned to be conducted; in the
				calendar year for which a permit is to cover.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-4 - Regulated explosives magazine permits

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 22-12; IC 35-47.5-4
Sec. 4.
(a) An
				applicant for an annual regulated explosives magazine permit shall submit an
				application to the state fire marshal on forms provided by the division. An
				application may be submitted at any time to cover a period of one (1) year from
				the issue date. Each application shall provide the information required by IC
				35-47.5-4 and the following:
(1) The name,
				address, and telephone number of the following:
(A) The applicant.
(B) The person exercising control over the
				explosives magazines if not the applicant.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-5 - Permits for supervised public display of fireworks

Current through July 10, 2024
Authority: IC
				  22-11-14-2
Affected: IC 22-12; IC 22-13; IC 22-14
Sec. 5.
(a) An
				applicant for a permit to conduct a supervised public display of fireworks
				shall submit an application to the state fire marshal on forms provided by the
				state fire marshal. Applications must be received by the division not fewer
				than fifteen (15) calendar days before the date of display. Under IC
				22-11-14-2,
				the application shall be accompanied by a brief resume of the fireworks display
				operator's or operators' experience in the following:
(1) Preparation of the display.
(2) Igniting or discharging of
				fireworks.
(3) Implementing
				emergency procedures.
(4) Disposal
				of unfired or defective fireworks.
A fireworks display operator who has been convicted for a
				  violation of IC 22-11-14 may not be designated as an operator in a permit
				  application within one (1) year after the date of conviction.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-6 - Fireworks stand retail sales permits

Current through July 10, 2024
Authority: IC
				  22-11-14-7
Affected: IC 22-13; IC 22-14; IC 23-7-1.1
Sec. 6.
An applicant for a fireworks stand retail sales permit shall
				  submit an application to the state fire marshal on forms provided by the state
				  fire marshal. Each application shall provide the following:
(1) The information required by IC
				22-11-14-7.
(2) Evidence of incorporation under IC
				23-7-1.1 as a not-for-profit corporation if an exemption from the permit fee is
				claimed.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-7 - Certificate of compliance; wholesale fireworks

Current through July 10, 2024
Authority: IC
				  22-12-6-6
Affected: IC
				  22-11-14-1; IC
				  22-11-14-5;
				  IC
				  22-13-2-11
Sec. 7.
(a) An
				applicant for a certificate of compliance, required by IC
				22-11-14-5,
				for the sale of fireworks shall submit the following to the state fire marshal:
(1) A complete description of each firework
				item proposed to be shipped into Indiana.
(2) A written certification that the
				fireworks are manufactured in accordance with IC
				22-11-14-1.
(3) A statement that:
(A) identifies the applicant as:
(i) a manufacturer;
(ii) a wholesaler;
(iii) an importer; or
(iv) a distributor; and
(B) provides the location to which the
				shipment of fireworks is to be received within Indiana.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-8 - Permit fees

Current through July 10, 2024
Authority: IC 22-12-6-6
Affected: IC 22-13-2-11
Sec. 8.
Each application for a permit or certificate covered by this
				  rule ( 675 IAC 12-9 ) shall be accompanied by a check for the amount of the fee
				  established in the commission's fee schedule under 675 IAC 12-3. Checks shall
				  be made payable to the Fire and Building Services Fund.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 9 - State Fire Marshal; Permits › Section 9-9 - Administrative adjudication

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-4;
				  IC
				  4-21.5-3-7;
				  IC 22-12; IC 22-14
Sec. 9.
Any order granting or denying a permit or certificate
				  governed by this rule shall be issued by the state fire marshal following the
				  requirements of IC
				  4-21.5-3-4.
				  If a petition for review is subsequently granted under IC
				  4-21.5-3-7,
				  the resulting administrative proceeding shall be conducted by the
				  commission.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-1 - Purpose

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-12; IC 22-13-2-2; IC 22-15-2-6
Sec. 1.
The purpose of this rule is to establish administrative
				  procedures and to provide instruction for state agencies and political
				  subdivisions, having power to create building rules, equipment rules, or fire
				  safety rules, as defined in
				  675 IAC 12-4-2, so as
				  to prevent conflict, duplication, or overlap with the statewide code of
				  building and fire safety laws adopted by the commission pursuant to IC
				  22-13-2-2.
The
				  readopted version of this section by 6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-2 - Definitions

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC 4-22-2; IC 22-12; IC
				  22-13-2-3;
				  IC
				  36-1-5-4;
				  IC
				  36-7-2-9
Sec. 2.
The following definitions apply throughout this rule:
(1) "Adopt by reference" means the same as
				incorporation by reference as the term is used in IC
				22-13-2-3(b)
				 and IC
				36-1-5-4.
(2) "Conflict" means a difference between two
				(2) or more building, fire safety or equipment rules involving the same
				subject.
(3) "Local building code"
				means the body of ordinances or regulations enacted by a political subdivision
				that incorporate by reference building rules required to be enforced at the
				local level of government by IC
				36-7-2-9.
(4) "More detailed", when applied to
				provisions in rules of state agencies or ordinances of political subdivisions,
				means explanatory material that is related to but does not change the text or
				intent of a rule of the commission.
(5) "More stringent", when applied to
				provisions in rules of state agencies or ordinances of political subdivisions,
				means requirements that demand a level of design criteria or performance as to
				construction methods or materials, or imposes restrictions on the use of
				construction methods or materials not addressed in any provisions in a rule of
				the commission.
(6) "Political
				subdivision" means a city, town, or county.
(7) "State agency" means an agency of Indiana
				having statutory power to regulate buildings, structures, and other property by
				adoption of rules under IC 4-22-2.
(8) "Statewide code" means all rules of the
				commission adopted as building rules and fire safety rules.
The repealed version of this section by
				  6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-3 - Rules of state agencies

Current through July 10, 2024
Authority: IC
				  22-13-2-2
Affected: IC
				  4-21.5-3-6;
				  IC
				  4-21.5-3-7;
				  IC 22-12; IC 22-13; IC 22-14; IC 22-15
Sec. 3.
(a) State
				agencies may incorporate by reference rules of the Commission for the purpose
				of avoiding conflict, duplication or overlap in rules made part of the Indiana
				Administrative Code. The Commission, on its own initiative, through the
				Division of Technical Services and Research, may review any proposed rule of a
				state agency as published in the Indiana Register for that purpose. The results
				of the Division's review if conflict, duplication or overlap is apparent, shall
				be furnished informally to the agency proponent of the rule and to the Office
				of the Attorney General prior to a scheduled public hearing on a proposed
				rule.
(b) If the Commission's
				review of a final rule of a state agency, as published in the Indiana Register,
				finds duplication, conflict, or overlapping of responsibility between:
(1) IC 22-12, IC 22-13, IC 22-14, IC 22-15;
				or
(2) a fire safety rule of the
				Commission; or
(3) a building rule
				of the Commission; the Commission, at a regularly scheduled meeting, shall
				issue an order under IC
				4-21.5-3-6
				to that state agency to revise its rules as necessary to comply with IC
				22-13-2-3
				and IC
				22-13-2-4.
				If a petition for review is subsequently granted under IC
				4-21.5-3-7,
				that order shall be deemed to have been a preliminary
				determination.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-4 - Local building codes of political subdivisions

Current through July 10, 2024
Authority: IC
				  22-13-2-13
Affected: IC
				  22-13-2-3;
				  IC
				  36-7-2-9
Sec. 4.
(a)
				Political subdivisions may incorporate by reference building rules of the
				commission in local building codes established by ordinance in accordance with
				IC
				22-13-2-3.
(b) Building rules adopted by the commission
				in 675 IAC 13, 675 IAC 14, 675 IAC 16, 675 IAC 17, 675 IAC 18, 675 IAC 19, 675
				IAC 20, and 675 IAC 22 are collectively a code of building laws required to be
				enforced at the local level of government under IC
				36-7-2-9.
The
				  readopted version of this section by 6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-5 - Local revisions to adopted building or equipment rules

Current through July 10, 2024
Authority: IC
				  22-13-2-2
Affected: IC
				  22-13-2-3
Sec. 5.
A political subdivision may desire to include, in its local
				  building code, provisions that go into more detail or contain more stringent
				  requirements than the statewide code. This option is conditioned, however, in
				  that more stringent requirements may not conflict with the statewide code. The
				  manner of establishing more detailed or more stringent requirements shall be by
				  amendment of specific provisions in the rules of the Commission as incorporated
				  by reference in the same ordinance. Each amendment must refer to a
				  corresponding section or sections of a rule of the Commission, and to section
				  references in incorporated codes or standards as applicable. In such case, the
				  adopted building rule, code or standard shall be identified in a particular
				  edition and shall include a citation reference to a specific edition or
				  supplement to the Indiana Administrative Code.
The repealed version of this section by
				  6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-6 - Required administrative provisions in local building code ordinances

Current through July 10, 2024
Authority: IC
				  22-13-2-2;
				  IC
				  22-13-2-13
Affected: IC
				  4-21.5-3-7;
				  IC 22-12; IC 22-13; IC 22-15; IC
				  36-7-2-9
Sec. 6.
To carry out the requirements of IC
				  36-7-2-9,
				  certain administrative provisions must be included in local building codes to
				  obtain approval by the Commission under IC
				  22-13-2-5.
				  These provisions include:
(1) An
				official or an agency of the political subdivision must be designated as being
				responsible to enforce the adopted code of building laws and orders issued
				under IC
				22-13-2-11
				and IC 22-12-7.
(2) It must provide
				that no building permit will be issued to a person that would cause a violation
				of IC
				22-15-3-7.
(3) It must specifically refer to the
				administrative review of locally issued orders or variances provided for by IC
				22-13-2-7.
(4) It must state that the local building
				code does not apply to an industrialized building system or mobile structure
				that is certified under IC 22-15-4.
(5) It must provide an effective date for the
				ordinance not earlier than the date upon which the Commission grants its
				approval.
The repealed version of this section by
				  6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-7 - Other local building regulations

Current through July 10, 2024
Authority: IC 22-13-2-2
Affected: IC 22-12-1; IC 22-13-2-5; IC 36-7
Sec. 7.
(a)
				Political subdivisions may establish minimum housing standards or other
				building regulations by ordinance under IC 36-7-2 or IC 36-7-8. Where such
				standards or regulations affect construction, repair, or maintenance of Class 1
				or Class 2 structures, the establishing ordinances are building laws as defined
				in IC 22-12-1-3 and are building rules as defined in
				675 IAC 12-4-2. Such
				ordinances are subject to approval by the Commission under IC 22-13-2-5 before
				they can become effective.
(b) For
				the purpose of this rule ( 675 IAC 12-10 ) minimum housing standards that
				prescribe minimum conditions for human habitation in existing dwellings that
				are less stringent than comparable standards for new construction, are not in
				conflict with the rules of the Commission.
(c) For the purposes of this rule ( 675 IAC
				12-10 ) standards contained in land use regulations, such as zoning or
				subdivision regulations, that are more restrictive with respect to building
				height, area, or distance from property lines than comparable standards for new
				construction, are not in conflict with the rules of the Commission.
The repealed version of this section by
				  6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 10 - Building Regulations of State Agencies and Political Subdivisions › Section 10-9 - Local inspection programs

Current through July 10, 2024
Authority: IC 22-13-2-13
Affected: IC 22-12-6-6; IC 22-15-2-6; IC 36-1-7-2; IC
				  36-7-8-7
Sec. 9.
(a) A
				political subdivision that has enacted and put into effect a local building
				code in accordance with this rule, or has arranged for inspection services to
				be performed by another political subdivision under IC 36-7-8-7 or IC 36-1-7-2,
				shall be deemed to have established a program to periodically inspect
				construction provided a written statement from the chief executive officer of
				the political subdivision furnishing inspection services is filed with the
				division containing the following:
(1) The
				name and address of the person or office to which design releases and other
				notices or orders of the division should be sent.
(2) The:
(A) names of all inspectors appointed to
				enforce the local building code; and
(B) assigned scope of each inspector's
				responsibility for the adopted building rules of the
				commission.
(3) If
				applicable, the name of other political subdivisions for which inspection
				services are being provided.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 11 - Statewide Fire and Building Safety Education Fund › Section 11-1 - Definitions

Current through July 10, 2024
Authority: IC 22-12-6-3
Affected: IC 10-19-2; IC 10-19-7; IC 22-12-6-3; IC
				  22-12-6-6
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Approved building department" means the
				building regulatory agency of a political subdivision that meets the local
				inspection program requirements of
				675 IAC
				12-10-9.
(c) "Building official" means the local
				government official who administers a local building department education
				plan.
(d) "Department" means the
				department of homeland security established by IC 10-19-2.
(e) "Division" means the division of fire and
				building safety established by IC 10-19-7.
(f) "Fire official" means the local
				government official who administers a fire code enforcement or prevention
				program.
(g) "Fund" means the
				statewide fire and building safety education fund established by IC
				22-12-6-3.
(h) "Inspector" means a person employed by
				the division or a local government to perform inspections to obtain compliance
				with the rules of the commission.
(i) As used in this rule, "provider" means a
				person or organization that provides a course or program to educate inspectors
				on the content and the commission's interpretation of the current rules of the
				commission.
The
				  readopted version of this section by 6/10/2024, 8:09 a.m.:
				  20240710-IR-675230794RFA
				  is not yet available.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 11 - Statewide Fire and Building Safety Education Fund › Section 11-2 - Purpose

Current through July 10, 2024
Authority: IC
				  22-12-6-3
Affected: IC
				  22-12-6-6
Sec. 2.
(a) The fund
				is established to pay all or part of the enrollment fees charged for
				educational training courses, seminars, or other programs of the department on
				behalf of state or local government inspectors whose applications for financial
				assistance are approved.
(b)
				Enrollment fees may include the following:
(1)
				Tuition or course fees.
(2)
				Registration fees.
(3) Lab
				fees.
(4) Cost of individual course
				materials, such as books or equipment.
(5) A pro rata share of instructor honoraria,
				if applicable.
Indiana Administrative Code › Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION › Article 12 - ADMINISTRATION › Rule 11 - Statewide Fire and Building Safety Education Fund › Section 11-3 - Eligibility for assistance

Current through July 10, 2024
Authority: IC
				  22-12-6-3
Affected: IC
				  22-12-6-6
Sec. 3.
(a) The
				eligibility requirements to qualify for payment of enrollment fees from the
				fund are as follows:
(1) The applicant is any
				of the following:
(A) A full-time or
				part-time:
(i) inspector in an approved
				building department; or
(ii) paid
				or volunteer fire inspector in an established fire department of a political
				subdivision.