CHAPTER 18. SMOKE DETECTION DEVICES
IC 22-11-18
Chapter 18. Smoke Detection Devices
IC 22-11-18-1
Definitions
Sec. 1. As used in this chapter:
"Bodily injury" has the meaning set forth in IC 35-41-1-4.
"Dwelling" means a residence with at least one (1) dwelling unitas set forth in IC 22-12-1-4(a)(1)(B) and IC 22-12-1-5(a)(1).
"Hotels and motels" means buildings or structures kept,maintained, used, advertised, or held out to the public as inns orplaces where sleeping accommodations are furnished for hire fortransient guests.
"Landlord" has the meaning set forth in IC 32-31-3-3.
"Owner" means a person having control or custody of anybuilding covered by this chapter.
"Person" means an individual, corporation, partnership,association, or other legal entity.
"Rental premises" has the meaning set forth in IC 32-31-7-3.
"Rental unit" has the meaning set forth in IC 32-31-3-8.
"Smoke detector" means a device which senses visible or invisibleparticles of combustion and conforms to the minimum standards fortype, components, and maintenance prescribed by the National FireProtection Association.
"Seasonally occupied dwellings" means hotels and motels opento the public for occupancy by guests only during any period of timebetween April 15 and October 15 each year.
"Single level dwellings" means all single level (no more than one(1) level above ground) hotels and motels that have no interiorcorridors, and whose individual rooms have exterior exits.
"Tenant" has the meaning set forth in IC 32-31-3-10.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.237-1983,SEC.2; P.L.176-1991, SEC.1; P.L.17-2008, SEC.1.
IC 22-11-18-2
Application of chapter; exemption
Sec. 2. (a) This chapter applies to all hotels, motels, anddwellings.
(b) A totally sprinkled building (conforming to Uniform BuildingCode standards at the time of construction) is exempt from therequirements of this chapter.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.176-1991,SEC.2.
IC 22-11-18-3
Hotels and motels; installation of smoke detectors
Sec. 3. (a) This section only applies to hotels and motels.
(b) All hotels and motels must have functional smoke detectors.
(c) Except as provided in subsection (f), a detector must beinstalled in all interior corridors adjacent to sleeping rooms and must
be spaced no farther apart than thirty (30) feet on center, or morethan fifteen (15) feet from any wall.
(d) The detectors must be hard wired into a building's electricalsystem, except as provided in subsection (f).
(e) The detectors must be wired in a manner that activates all thedevices in a corridor when one (1) is activated, except as provided insubsection (f).
(f) All single level dwellings, all seasonably occupied dwellings,and all hotels and motels with twelve (12) sleeping rooms or less(and containing no interior corridors) are exempt from therequirements of subsections (c), (d), and (e). In all such units:
(1) a detector must be installed in each sleeping room; and
(2) the detector may be battery operated.
If a battery operated detector is installed, it must contain a tamperresistant cover to protect the batteries. The fire marshal shall adoptrules detailing the specifications for the tamper resistant cover. If abattery operated detector is not installed, the detector must be hardwired into a building's electrical system.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.237-1983,SEC.3; P.L.176-1991, SEC.3.
IC 22-11-18-3.5
Dwellings; installation of smoke detectors
Sec. 3.5. (a) This section only applies to dwellings.
(b) A rule or an ordinance is not voided or limited by this sectionif the rule or ordinance:
(1) applies to an occupied dwelling; and
(2) is at least as stringent as the requirements of this section.
(c) A dwelling must have at least one (1) functional smokedetector installed as follows:
(1) According to the manufacturer's instructions.
(2) Outside of each sleeping area in the immediate vicinity ofthe bedrooms.
(3) On the ceiling or a wall not less than four (4) inches or morethan twelve (12) inches from the ceiling. However, a smokedetector may not be recessed into a ceiling.
(4) On each additional story of the dwelling, includingbasements, cellars, and habitable attics. Unless there is a doorbetween levels in dwellings with split levels, a smoke detectormust be installed only on the upper level if the lower level isless than one (1) full story below the upper level.
(d) All smoke detectors must be:
(1) battery operated or hard wired into the dwelling's electricalsystem;
(2) accessible for servicing and testing; and
(3) maintained and at least one (1) time every six (6) monthstested by the occupant to ensure that the smoke detector is inoperational condition.
(e) Each owner or the manager or rental agent of the owner isresponsible for: (1) the installation of a required smoke detector; and
(2) the replacement and repair of a required smoke detectorwithin seven (7) working days after the owner, manager, orrental agent is given written notification of the need to replaceor repair the smoke detector.
(f) A person may not tamper with or remove a smoke detectorexcept when necessary for maintenance purposes.
(g) A unit (as defined in IC 36-1-2-23) may adopt an ordinanceconcerning dwellings that:
(1) includes more stringent or detailed requirements than thoseset forth in this chapter; and
(2) does not conflict with this chapter.
As added by P.L.176-1991, SEC.4.
IC 22-11-18-3.6
Violations; effect on claims
Sec. 3.6. A violation of section 3.5 of this chapter does notconstitute grounds for a reduction or denial of a claim under aninsurance policy even if the policy contains terms to the contrary.
As added by P.L.176-1991, SEC.5.
IC 22-11-18-4
Compliance with other laws, ordinances, rules, or regulations
Sec. 4. Compliance with this chapter does not relieve the ownerfrom the requirements of any other applicable law, ordinance, rule,or regulation.
As added by Acts 1982, P.L.141, SEC.1.
IC 22-11-18-5
Violations; offenses
Sec. 5. (a) An owner of a hotel or motel who violates this chaptercommits a Class A infraction, except as provided by subsection (b).
(b) An owner of a hotel or motel commits a Class D felony if:
(1) the owner knowingly or intentionally violates section 3 ofthis chapter; and
(2) bodily injury or loss of life occurs as a result of a fire in thebuilding.
(c) Except as provided in section 5.5 of this chapter, a person whoviolates section 3.5 of this chapter commits a Class D infraction.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.311-1983,SEC.42; P.L.176-1991, SEC.6; P.L.17-2008, SEC.2.
IC 22-11-18-5.5
Violation by landlord; offenses
Sec. 5.5. A landlord who violates section 3.5 of this chapter:
(1) at the time the landlord delivers a rental unit to a tenant; or
(2) if the smoke detector is hard wired into the rental unit'selectrical system, by failing to repair or replace the inoperablesmoke detector not later than seven (7) days after receivingwritten notice by certified mail, return receipt requested, of the
need to repair or replace the inoperable smoke detector undersection 3.5(e)(2) of this chapter;
commits a Class B infraction. However, the offense is a Class Ainfraction if the landlord has a prior violation for an offense underthis section.
As added by P.L.17-2008, SEC.3.
IC 22-11-18-6
Inspections to determine compliance
Sec. 6. (a) The state fire marshal's office shall, as part of itsnormal inspection process, conduct inspections of hotels and motelsto determine if the detectors are installed and functioning incompliance with this chapter.
(b) Except for common areas shared by at least three (3)dwellings, a dwelling may not be inspected solely to determinecompliance with section 3.5 of this chapter unless the owner oroccupant of the dwelling gives permission.
(c) Any evidence of a violation of this chapter shall be turned overto the prosecuting attorney of the county where the violationoccurred.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.176-1991,SEC.7.