CHAPTER 17. FIRE SAFETY IN PUBLIC BUILDINGS
IC 22-11-17
Chapter 17. Fire Safety in Public Buildings
IC 22-11-17-1
Definitions
Sec. 1. As used in this chapter:
(1) "Commission" refers to the Indiana fire prevention andbuilding safety commission.
(2) "Exit" means a continuous and unobstructed means ofegress to a public way designated as an exit pursuant to therules of the commission. The term includes doorways,corridors, exterior exit balconies, ramps, stairways, smokeproofenclosures, horizontal exits, exit passageways, exit courts, andyards.
(3) "Owner" means a person having control or custody of anybuilding covered by this chapter.
(4) "Public building" means any structure used in whole or inpart as a place of resort, assemblage, lodging, trade, traffic,occupancy, or use by the public, or by three (3) or more tenants.It also means all educational buildings, day care centers,hospitals, institutions, health facilities, residential-custodial carefacilities, mercantile occupancies, and office occupancies.
(5) "Special egress control device" means an exit lockingsystem that:
(A) allows a delay in exiting through an exit in anonemergency situation; and
(B) complies with rules adopted by the commission.
As added by Acts 1982, P.L.140, SEC.1. Amended by P.L.8-1984,SEC.116; P.L.169-1996, SEC.1.
IC 22-11-17-2
Obstruction of exits; special egress control device; inoperative firealarms
Sec. 2. (a) Except as provided in subsection (b) and section 2.5 ofthis chapter, an owner of a public building shall not permit an exit tobe locked or obstructed in any manner that denies the public acontinuous and unobstructed means of egress while lawfullyoccupied by anyone who is not an officer or an employee.
(b) The commission may adopt rules under IC 4-22-2 that:
(1) allow the owner of a public building to equip an exit with aspecial egress control device;
(2) limit the circumstances under which a special egress controldevice may be used; and
(3) allow an exit that was in compliance with the rules of thecommission when the exit was constructed to be equipped witha special egress control device.
(c) An owner of a public building shall not permit a fire alarm tobe disconnected or otherwise rendered inoperative, except in casesof routine maintenance or for repair.
As added by Acts 1982, P.L.140, SEC.1. Amended by P.L.169-1996,
SEC.2.
IC 22-11-17-2.5
Compliance by hospital or health facility
Sec. 2.5. (a) A hospital licensed under IC 12-25 or IC 16-21 or ahealth facility licensed under IC 16-28 complies with section 2(a) ofthis chapter by meeting the federal standards of certification forparticipation in a reimbursement program under either of thefollowing:
(1) Title XVIII of the federal Social Security Act (42 U.S.C.1395 et seq.).
(2) Title XIX of the federal Social Security Act (42 U.S.C. 1396et seq.).
(b) Section 2(b) of this chapter does not apply to this section.
As added by P.L.169-1996, SEC.3.
IC 22-11-17-3
Violations; offense
Sec. 3. An owner who violates section 2 of this chapter commitsa Class B misdemeanor.
As added by Acts 1982, P.L.140, SEC.1.
IC 22-11-17-4
Knowing or intentional violations; offense
Sec. 4. An owner of a public building commits a Class D felonyif:
(1) he knowingly or intentionally violates section 2 of thischapter; and
(2) bodily injury (as defined by IC 35-41-1) or a loss of lifeoccurs to a person lawfully in the public building as a result ofa fire in the building.
As added by Acts 1982, P.L.140, SEC.1. Amended by P.L.311-1983,SEC.41.
IC 22-11-17-5
Inspections to determine compliance
Sec. 5. The state fire marshal's office may, as part of its normalinspection process, conduct inspections to determine if there iscompliance with this chapter and the rules adopted under it. Anyevidence of a violation shall be turned over to the prosecutingattorney of the county where the violation occurred.
As added by Acts 1982, P.L.140, SEC.1. Amended by P.L.198-1995,SEC.2.
IC 22-11-17-6
Construction of chapter
Sec. 6. (a) This chapter does not prohibit the securing of abuilding from illegal entry or exit during nonbusiness or nonworkinghours.
(b) This chapter is not intended to conflict with the requirements
of IC 22-8-1.1 and the rules adopted pursuant thereto.
As added by Acts 1982, P.L.140, SEC.1.