Ind. Code ch. 22-13-2

in effect

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 22-13-2-2 Statewide code of fire and safety building laws; national code adoption

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-2 Statewide code of fire and safety building laws; national code adoption

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 2. (a) Except as provided in IC 22-12-2.1 and section 3.5 of this chapter, the department shall adopt rules under IC 4-22-2 to adopt a statewide code of fire safety laws and building laws. (b) Subject to IC 22-12-2.1, the department 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). 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; P.L.152-2026, SEC.373.

Ind. Code § 22-13-2-2.5 Statewide residential code adoption

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-2.5 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.104-2018, SEC.3. Repealed by P.L.152-2026, SEC.374.

Ind. Code § 22-13-2-2.6 Adoption of rules exempting bunkhouses from automatic fire sprinkler system requirements

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-2.6 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.79-2019, SEC.2. Repealed by P.L.152-2026, SEC.375.

Ind. Code § 22-13-2-3 Precedence of rules adopted by commission; reference to rules; ordinances

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-3 Precedence of rules adopted by department; incorporation by reference; prohibition on conflicting or more stringent local ordinances

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. 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 department'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 department's fire safety rules or building rules. (b) State agencies and political subdivisions may incorporate the rules adopted by the department by reference into a rule, ordinance, or other regulation. Notwithstanding IC 4-22-9-6, a reference to the rules adopted by the department, 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 department'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; P.L.152-2026, SEC.376.

Ind. Code § 22-13-2-3.5 Rules requiring the installation of automatic fire sprinkler systems prohibited

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-3.5 Rules requiring the installation of automatic fire sprinkler systems prohibited

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. 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 department. (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. Amended by P.L.152-2026, SEC.377.

Ind. Code § 22-13-2-3.6 Arc-fault circuit interrupter

Sec. 3.6. (a) The following may not adopt rules requiring the installation of an arc-fault circuit interrupter (AFCI) in a Class 2 structure or a structure classified as an R-2 building occupancy classification under the Indiana building code constructed after June 30, 2026: (1) The commission. (2) Another state agency. (b) A political subdivision may not adopt an ordinance or other regulation requiring the installation of an arc-fault circuit interrupter (AFCI) in a Class 2 structure or a structure classified as an R-2 building occupancy classification under the Indiana building code constructed after June 30, 2026. (c) A ordinance or other regulation adopted before July 1, 2026, is void to the extent the ordinance or regulation conflicts with this section. As added by P.L.73-2026, SEC.8.

Ind. Code § 22-13-2-3.7 Emergency responder communication enhancement system

Sec. 3.7. (a) A state agency or a political subdivision (as defined in IC 36-1-2-13) may not require an emergency responder communications enhancement system (ERCES) or similar system to be installed in: (1) a new Class 1 structure constructed; or (2) an existing Class 1 structure that is reconstructed, remodeled, or renovated; after June 30, 2026. (b) An ordinance or other regulation adopted by a political subdivision before July 1, 2026, is void to the extent the ordinance or regulation conflicts with this section. As added by P.L.73-2026, SEC.9.

Ind. Code § 22-13-2-4 Duplication, conflict, or overlapping of responsibility between rules

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-4 Duplication, conflict, or overlapping of responsibility between rules

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 4. If the department 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 department 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. Amended by P.L.152-2026, SEC.378.

Ind. Code § 22-13-2-4.1 Plan reviews by both state and local agencies

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-4.1 Plan reviews by both state and local agencies

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. 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 department. (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 department under IC 22-15-3-1. (d) If the department 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; P.L.152-2026, SEC.379.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 22-13-2-5.6 Proposing amendments to commission

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-5.6 Submission of proposed building code amendments to the department

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. 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) A unit may submit a proposal to the department to amend any building code. A unit may submit the proposal in hard copy or in an electronic form that is acceptable to the department. 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 department shall review and consider all proposals submitted by units at least annually. As added by P.L.155-2023, SEC.10. Amended by P.L.152-2026, SEC.380.

Ind. Code § 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.

Ind. Code § 22-13-2-7 Review of variances and orders of state agencies or political subdivisions

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-7 Review of variances and orders of state agencies or political subdivisions

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 7. (a) The department 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 department 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 department. (c) The department 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. Amended by P.L.152-2026, SEC.381.

Ind. Code § 22-13-2-8 Equipment law rules

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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 rules under IC 4-22-2 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) 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; P.L.93-2024, SEC.161.

Ind. Code § 22-13-2-8 Equipment law rules

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 8. (a) Subject to IC 22-12-2.1, the department shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated lifting devices. (b) Subject to IC 22-12-2.1, the department shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated boilers and pressure vessels. (c) Subject to IC 22-12-2.1, the department may adopt rules under IC 4-22-2 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) Subject to IC 22-12-2.1, the department 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; P.L.93-2024, SEC.161; P.L.152-2026, SEC.382.

Ind. Code § 22-13-2-8.5 Rules; outdoor event equipment

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 8.5. (a) The commission shall adopt rules under IC 4-22-2 for outdoor event equipment at outdoor performances to protect the safety of persons at the outdoor performances. The commission may: (1) exempt small assemblies of outdoor event equipment, as defined by the commission, from some or all fees or other requirements that otherwise would apply to outdoor event equipment under a rule adopted under this section or another building law; or (2) establish alternative procedures, fees, or other requirements, or any combination, for small assemblies of outdoor event equipment, as defined by the commission. (b) Subject to this section, a city, town, or county that regulated outdoor event equipment before March 15, 2012, under an ordinance adopted before March 15, 2012, may, if the ordinance is in effect on March 15, 2012, continue to regulate outdoor event equipment under the ordinance after March 14, 2012, in the same manner that the city, town, or county applied the ordinance before March 15, 2012. However, a statewide code of fire safety laws or building laws governing outdoor event equipment that is adopted by the commission under this section after March 14, 2012, takes precedence over any part of a city, town, or county ordinance that is in conflict with the commission's adopted code. The ordinances to which this section applies include Chapter 536 of the Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana Codified through Ordinance No. 36, 2011, passed August 15, 2011. (Supp. No. 27). A city, town, or county to which this subsection applies need not be certified or approved under IC 22-15-3-1 or another law to continue to regulate outdoor event equipment after March 14, 2012. (c) This subsection applies to cities, towns, and counties described in subsection (b) and any other city, town, or county that, after March 14, 2012, adopts an ordinance governing outdoor event equipment that is approved by the commission or the state building commissioner. The city, town, or county shall require compliance with: (1) the rules adopted under this section; (2) orders issued under IC 22-13-2-11 that grant a variance to the rules adopted under this section; (3) orders issued under IC 22-12-7 that apply the rules adopted under this section; and (4) a written interpretation of the rules adopted under this section binding on the unit under IC 22-13-5-3 or IC 22-13-5-4; on both private and public property located within the boundaries of the city, town, or county, including, in the case of a consolidated city, the state fairgrounds. This subsection does not limit the authority of a unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce building laws and orders and written interpretations related to building laws. As added by P.L.92-2012, SEC.5. Amended by P.L.142-2013, SEC.5; P.L.218-2014, SEC.7; P.L.93-2024, SEC.162.

Ind. Code § 22-13-2-8.5 Rules; outdoor event equipment

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 8.5. (a) Subject to IC 22-12-2.1, the department shall adopt rules under IC 4-22-2 for outdoor event equipment at outdoor performances to protect the safety of persons at the outdoor performances. The department may: (1) exempt small assemblies of outdoor event equipment, as defined by the department, from some or all fees or other requirements that otherwise would apply to outdoor event equipment under a rule adopted under this section or another building law; or (2) establish alternative procedures, fees, or other requirements, or any combination, for small assemblies of outdoor event equipment, as defined by the department. (b) Subject to this section, a city, town, or county that regulated outdoor event equipment before March 15, 2012, under an ordinance adopted before March 15, 2012, may, if the ordinance is in effect on March 15, 2012, continue to regulate outdoor event equipment under the ordinance after March 14, 2012, in the same manner that the city, town, or county applied the ordinance before March 15, 2012. However, a statewide code of fire safety laws or building laws governing outdoor event equipment that is adopted by the department under this section after March 14, 2012, takes precedence over any part of a city, town, or county ordinance that is in conflict with the department's adopted code. The ordinances to which this section applies include Chapter 536 of the Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana Codified through Ordinance No. 36, 2011, passed August 15, 2011. (Supp. No. 27). A city, town, or county to which this subsection applies need not be certified or approved under IC 22-15-3-1 or another law to continue to regulate outdoor event equipment after March 14, 2012. (c) This subsection applies to cities, towns, and counties described in subsection (b) and any other city, town, or county that, after March 14, 2012, adopts an ordinance governing outdoor event equipment that is approved by the department or the state building commissioner. The city, town, or county shall require compliance with: (1) the rules adopted under this section; (2) orders issued under IC 22-13-2-11 that grant a variance to the rules adopted under this section; (3) orders issued under IC 22-12-7 that apply the rules adopted under this section; and (4) a written interpretation of the rules adopted under this section binding on the unit under IC 22-13-5-3 or IC 22-13-5-4; on both private and public property located within the boundaries of the city, town, or county, including, in the case of a consolidated city, the state fairgrounds. This subsection does not limit the authority of a unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce building laws and orders and written interpretations related to building laws. As added by P.L.92-2012, SEC.5. Amended by P.L.142-2013, SEC.5; P.L.218-2014, SEC.7; P.L.93-2024, SEC.162; P.L.152-2026, SEC.383.

Ind. Code § 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.

Ind. Code § 22-13-2-10 Lifting devices; regulation by county, city, or town; permits; inspections

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-10 Lifting devices; regulation by county, city, or town; permits; inspections

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 10. (a) A county, city, or town may regulate regulated lifting devices if the unit's regulatory program is approved by the department. (b) A unit must submit its ordinances and other regulations that regulate lifting devices to the department for approval. The ordinance or other regulation is not effective until it is approved by the department. If any of these ordinances or regulations conflict with the department's rules, the department'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; P.L.152-2026, SEC.384.

Ind. Code § 22-13-2-11 Variances

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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 rules under IC 4-22-2 to implement this section. As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003, SEC.10; P.L.249-2019, SEC.24; P.L.93-2024, SEC.163.

Ind. Code § 22-13-2-11 Variances

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 11. (a) The department may grant a variance to any rule adopted by the department. (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 for review and consideration prior to an initial determination being made on the application by the department. (i) The department shall wait at least five (5) business days after a variance application is filed before making an initial determination on the application. (j) The department may adopt rules under IC 4-22-2 to implement this section. As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003, SEC.10; P.L.249-2019, SEC.24; P.L.93-2024, SEC.163; P.L.152-2026, SEC.385.

Ind. Code § 22-13-2-11.5 Incorporation of NFPA 72 into the Indiana Administrative Code

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 11.5. (a) As used in this section, "NFPA 72" refers to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471. (b) It is the intent of the general assembly that NFPA 72, as may be amended by the commission under subsection (c), be incorporated into the Indiana Administrative Code. Not later than July 1, 2014, the commission shall adopt rules under IC 4-22-2 to amend 675 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative Code, subject to subsection (c)(1) and (c)(2). (c) In adopting rules to incorporate NFPA 72 into the Indiana Administrative Code, as required by subsection (b), the commission may amend NFPA 72 as the commission considers appropriate. However, the rules finally adopted by the commission to comply with this section must do the following: (1) Incorporate the definition of, and associated requirements for: (A) a managed facilities-based voice network (MFVN); and (B) a public switched telephone network (PSTN); as set forth in NFPA 72. (2) Allow digital alarm communicator systems that make use of a managed facilities-based voice network (MFVN) to transmit signals from a fire alarm system to an offsite monitoring facility, subject to the requirements for those systems set forth in NFPA 72. (d) If the commission does not comply with subsection (b), the following apply on July 1, 2014: (1) The definition of, and associated requirements for: (A) a managed facilities-based voice network (MFVN); and (B) a public switched telephone network (PSTN); as set forth in NFPA 72, are considered incorporated into the Indiana Administrative Code. Any provisions of 675 IAC 28-1-28 (or any rules adopted by a state agency, or any ordinances or other regulations adopted by a political subdivision) that conflict with the definitions and requirements described in this subdivision are superseded by the definitions and requirements described in this subdivision. This subdivision continues to apply until the commission adopts rules that amend 675 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative Code and that comply with subsection (c)(1) and (c)(2). (2) A person that after June 30, 2014, installs or uses a digital alarm communicator system that: (A) makes use of a managed facilities-based voice network (MFVN) to transmit signals from a fire alarm system to an offsite monitoring facility; and (B) meets the requirements for such a system set forth in NFPA 72; is not required to obtain a variance under section 11 of this chapter for the installation or use. As added by P.L.107-2014, SEC.5. Amended by P.L.249-2019, SEC.25; P.L.93-2024, SEC.164.

Ind. Code § 22-13-2-11.5 Incorporation of NFPA 72 into the Indiana Administrative Code

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 11.5. (a) As used in this section, "NFPA 72" refers to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471. (b) It is the intent of the general assembly that NFPA 72, as may be amended by the department under subsection (c), be incorporated into the Indiana Administrative Code. Not later than July 1, 2014, the department shall adopt rules under IC 4-22-2 to amend 675 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative Code, subject to subsection (c)(1) and (c)(2). Rulemaking under this section is subject to IC 22-12-2.1. (c) In adopting rules to incorporate NFPA 72 into the Indiana Administrative Code, as required by subsection (b), the department may amend NFPA 72 as the department considers appropriate. However, the rules finally adopted by the department to comply with this section must do the following: (1) Incorporate the definition of, and associated requirements for: (A) a managed facilities-based voice network (MFVN); and (B) a public switched telephone network (PSTN); as set forth in NFPA 72. (2) Allow digital alarm communicator systems that make use of a managed facilities-based voice network (MFVN) to transmit signals from a fire alarm system to an offsite monitoring facility, subject to the requirements for those systems set forth in NFPA 72. (d) If the department does not comply with subsection (b), the following apply: (1) The definition of, and associated requirements for: (A) a managed facilities-based voice network (MFVN); and (B) a public switched telephone network (PSTN); as set forth in NFPA 72, are considered incorporated into the Indiana Administrative Code. Any provisions of 675 IAC 28-1-28 (or any rules adopted by a state agency, or any ordinances or other regulations adopted by a political subdivision) that conflict with the definitions and requirements described in this subdivision are superseded by the definitions and requirements described in this subdivision. This subdivision continues to apply until the department adopts rules that amend 675 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative Code and that comply with subsection (c)(1) and (c)(2). (2) A person that after June 30, 2014, installs or uses a digital alarm communicator system that: (A) makes use of a managed facilities-based voice network (MFVN) to transmit signals from a fire alarm system to an offsite monitoring facility; and (B) meets the requirements for such a system set forth in NFPA 72; is not required to obtain a variance under section 11 of this chapter for the installation or use. As added by P.L.107-2014, SEC.5. Amended by P.L.249-2019, SEC.25; P.L.93-2024, SEC.164; P.L.152-2026, SEC.386.

Ind. Code § 22-13-2-12 Agreements with federal government, other states, or foreign countries; approval of attorney general

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-12 Agreements with federal government, other states, or foreign countries; approval of attorney general

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 12. (a) This section applies if the department 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 department 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. Amended by P.L.152-2026, SEC.387.

Ind. Code § 22-13-2-13 Exercise of power to adopt rules by commission

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-13 Adoption of rules by the department

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 13. (a) The department 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 department. As added by P.L.245-1987, SEC.2. Amended by P.L.1-2006, SEC.359; P.L.187-2021, SEC.76; P.L.152-2026, SEC.388.

Ind. Code § 22-13-2-14 Studies and consultation

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-14 Studies and consultation

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 14. The 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; P.L.152-2026, SEC.389.

Ind. Code § 22-13-2-14.1 Consultation with industry expert

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 22-13-2-14.1 Consultation with industry expert

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 14.1. (a) The 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; P.L.152-2026, SEC.390.

Ind. Code § 22-13-2-15 Authorization of compliance with more recent version of a model code

Effective 7-1-2027. Sec. 15. (a) This section applies to any property regulated by IC 22-12, this article, IC 22-14, IC 22-15, or a rule of the department. (b) The department shall authorize compliance with a more recent version of a model code than that which is currently incorporated into the rules of the department, as amended from time to time under IC 22-12-2.1. (c) To make an authorization under subsection (b), the department must: (1) specifically identify, by name and version, the model code that is being authorized; (2) include a finding that compliance with the more recent version of the model code is not adverse to the health, safety, or welfare of the public; (3) identify any other associated model codes that must also be complied with in lieu of the Indiana version; and (4) file a notice in the Indiana Register containing the information described in subdivisions (1) through (3). (d) The department may impose conditions on an authorization issued under this section necessary to ensure that the following are maintained: (1) The health, safety, or welfare of the public. (2) The integrity of Indiana's regulatory program. (e) The department may modify or eliminate any authorization made under this section by filing an updated notice in the Indiana Register. The modification or elimination of an authorization may not take effect sooner than one hundred eighty (180) days after the date of posting in the Indiana Register. The modification or elimination of an authorization is subject to IC 4-21.5. (f) Compliance with an authorization made under this section is voluntary. However, if a person elects to comply with an authorization, the failure to comply with any provision of the authorization is a violation of the building, fire safety, or equipment laws of Indiana. As added by P.L.152-2026, SEC.391.

Ind. Code § 22-13-2-16 Exemptions for certain buildings, structures, stands, or retail buildings

Sec. 16. The following apply to a building, a structure, a stand, or another retail building under IC 22-12-1-4(c) used primarily for the sale of goods or other items on property (as defined in IC 16-42-5.4-3.5): (1) This section does not: (A) authorize the placement of a building, structure, or stand within a public right-of-way, utility easement, or other restricted area in violation of applicable law; (B) affect the authority of a county, municipality, or other local unit to regulate access to a road, including ingress and egress, driveway permits, curb cuts, or related requirements; or (C) affect the authority of a county, municipality, or other local unit to enforce requirements concerning setbacks, parking, and signage. (2) If the building, structure, or stand contains plumbing fixtures and is located within the boundaries of a sewer district or is otherwise eligible for connection to a public sewer system, the owner shall obtain a will-serve letter from the applicable sewer utility. If the building, structure, or stand is not located within a sewer district the owner must obtain: (A) a new or modified septic construction permit issued by the local health department; or (B) written verification from the local health department that the existing onsite sewage system has sufficient capacity to serve the building, structure, or stand. (3) Compliance with this section does not require: (A) classification as a Class 1 structure; (B) a design release; (C) plan review; (D) a building permit; or (E) a certificate of occupancy under this article. As added by P.L.163-2026, SEC.11.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026