City of Angola, Indiana

Legislative mandate to adopt the statewide code of fire safety laws and building laws

Each local Government Unit is mandated by the Indiana State Legislature to require compliance with the statewide code of fire safety laws and building laws adopted by the Indiana Fire Prevention and Building Safety Commission in accordance with Indiana Code 36-7-2-9. Because the State of Indiana is a Home Rule State, and because there is no constitutional or statutory provision requiring a specific manner for exercising the power to regulate construction of Class 1 and Class 2 structures, Each Unit of Local Government is required to adopt an ordinance in accordance with Indiana Code 36-1-3 to require compliance with the statewide code of fire safety laws and building laws adopted in the rules of the fire prevention and building safety commission under Indiana Code 22-13 .

Each local Government Unit which has a fire department serving an area which includes a City is mandated by the Indiana State Legislature to engage in an inspection program to promote compliance with fire safety laws in accordance with

Indiana Code 36-8-17-8.

 

IC 22-12-2 Fire Prevention and Building Safety Commission

Chapter 2. Fire Prevention and Building Safety Commission

IC 22-12-2-1

Establishment of commission

Sec. 1. The fire prevention and building safety commission is established. As added by P.L.245-1987, SEC.1.

IC 22-13-2-2

Sec. 2. (a) The commission shall adopt rules/codes under IC 4-22-2 to adopt a statewide code of fire safety laws and building laws.

IC 22-13-4-1 Conditions to be promoted by adopted rules/codes

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 or the rules board under this article; 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.

IC 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/codes 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.

IC 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.

IC 22-13-4-5 Conversion of buildings; exemption from rules

Sec. 5. (a) The commission shall adopt building rules that allow a person to convert a building or other structure, in whole or in part, from one (1) class of occupancy and use established under the commission's rules to another without complying with all of the commission's rules governing new construction.

(b) The rules adopted under this section must protect the public from significant health hazards and safety hazards.

(c) Subject to subsection (b), the rules must promote the following:

(1) The preservation of architecturally significant and historically significant parts of buildings and other structures.

(2) The economically efficient reuse of buildings and other structures.

(d) The rules adopted under this section may condition an exemption upon: (1) passing an inspection conducted by the department; and

(2) paying the fee set under IC 22-12-6-6.  As added by P.L.245-1987, SEC.2.

 

IC 22-13-4-7 Visitability standards

Sec. 7. (a) This section applies only to new construction of the following dwellings:

(1) A detached one (1) or two (2) family dwelling.

(2) A townhouse.

(b) This section does not apply to a mobile structure or an industrialized building system.

(c) As used in this section, "environmental controls" means switches or devices that control or regulate lights, temperature, fuses, fans, doors, security system features, or other features.

(d) As used in this section, "new construction" means the construction of a new dwelling on a vacant lot. The term does not include an addition to or remodeling of an existing building.

(e) As used in this section, "townhouse" means a single family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two (2) sides.

(f) As used in this section, "visitability feature" means a design feature of a dwelling that allows a person with mobility impairment to enter and comfortably stay in a dwelling for duration of time. The term includes features that allow a person with mobility impairment to get in and out through one (1) exterior door

of the dwelling without any steps and to pass through all main floor interior doors, including a bathroom door.

(g) If a person contracts with a designer and a builder for construction of a visitability feature in the new construction of a dwelling, the designer and builder shall comply with the standards adopted by the commission under this section for the construction and design of the visitability feature. The standards adopted under this section:

(1) shall be enforced by a political subdivision that enforces the commission's standards with respect to Class 2 structures; and (2) may not be enforced by the department.

(h) The commission shall adopt minimum standards by rule under IC 4-22-2 for visitability features in the new construction of a

dwelling. The rules shall include minimum standards for the following:

(1) Entrances to the dwelling, including paths from the dwelling to the street.

(2) Room dimensions.

(3) The width of exterior and interior doors.

(4) The width of interior hallways.

(5) The grade of interior thresholds and hallways.

(6) The height and location of environmental controls.

(7) The reinforcement of bathroom walls sufficient to attach grab bars.

As added by P.L.112-2003, SEC.1. Amended by P.L.97-2004, SEC.85.

IC 22-13-2-3

Precedence of rules/codes adopted by commission; reference to rules/codes adopted by Local Government Ordinances

Sec. 3. (a) Except to the extent provided in subsection (c), the rules/codes adopted under section 2 of this chapter take precedence over:

(1) any rule/code 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.

IC 22-12-2-2

Membership of the Fire Prevention and Building Safety Commission

Sec. 2. (a) The commission consists of eleven (11) members, nine (9) of whom shall be appointed by the governor.

(b) The term of a commission member is four (4) years.

(c) The state health commissioner or the commissioner's designee shall serve as a member of the commission, and the commissioner of

labor or the commissioner's designee shall serve as a member of the commission.

(d) Each appointed member of the commission must have a recognized interest, knowledge, and experience in the field of fire prevention, fire protection, building safety, or other related matters.

The governor shall consider appointing individuals to the commission with experience in the following:

(1) A paid fire department.

(2) A volunteer fire department.

(3) The field of fire insurance.

(4) The fire service industry.

(5) The manufactured housing industry.

(6) The field of fire protection engineering.

(7) As a professionally licensed engineer.

(8) Building contracting.

(9) The field of building one (1) and two (2) family dwellings.

(10) As a professionally licensed architect.

(11) The design or construction of heating, ventilating, air conditioning, or plumbing systems.

(12) The design or construction of regulated lifting devices.

(13) City, town, or county building inspection.

(14) Regulated amusement devices.

(15) Accessibility requirements and personal experience with a disability.

(16) Underground and aboveground motor fuel storage tanks and dispensing systems.

(17) The masonry trades.

(18) Energy conservation codes and standards, including the manner in which energy conservation codes and standards apply to:

(A) residential;

(B) single and multiple family dwelling; or

(C) commercial; building codes.

(e) Not more than five (5) of the appointed members of the commission may be affiliated with the same political party. As added by P.L.245-1987, SEC.1. Amended by P.L.225-1989, SEC.1; P.L.118-1994, SEC.1; P.L.226-1995, SEC.1; P.L.1-1999, SEC.56; P.L.119-2002, SEC.4; P.L.22-2005, SEC.33.

 The Angola Building Safety Department helps make the buildings where we live, work and play safe.