CHAPTER 2. RULES; VARIANCES; REVIEW OF STATE AND LOCAL RULES, ORDINANCES, AND ORDERS; APPROVAL OF COOPERATIVE AGREEMENTS
IC 22-13-2
Chapter 2. Rules; Variances; Review of State and Local Rules,Ordinances, and Orders; Approval of Cooperative Agreements
IC 22-13-2-1
State agencies and political subdivisions to exercise statutorypowers
Sec. 1. Except as provided in this article, state agencies andpolitical subdivisions may exercise their statutory powers to regulatebuildings, structures, and other property.
As added by P.L.245-1987, SEC.2.
IC 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 requirethat a lawfully erected sign be removed or altered as a condition ofissuing:
(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 withIC 32-24 or has waived the right to and receipt of damages inwriting.
As added by P.L.163-2006, SEC.1.
IC 22-13-2-2
Statewide code of fire safety and building laws; adoption ofnational codes
Sec. 2. (a) The commission shall adopt rules under IC 4-22-2 toadopt a statewide code of fire safety laws and building laws.
(b) Before December 1, 2003, the commission shall adopt themost recent edition, including addenda, of the following nationalcodes 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, anAmerican National Standard).
(3) ASME A18.1 (Safety Standard for Platform Lifts andStairway Chairlifts, American National Standard).
(4) ASME QEI-1 (Standard for the Qualification of ElevatorInspectors, 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.
(c) Before July 1, 2006, the commission shall adopt the mostrecent edition, including addenda, of ASME A17.3 (Safety Code forExisting Elevators and Escalators, an American National Standard)by rules under IC 4-22-2 and IC 22-13-2.5 (before its repeal).
(d) The commission shall adopt the subsequent edition of each
national code, including addenda, to be adopted as provided undersubsections (b) and (c) within eighteen (18) months after theeffective date of the subsequent edition.
(e) The commission may amend the national codes as a conditionof the adoption under subsections (b), (c), and (d).
(f) To the extent that the following sections of the InternationalFire Code, 2000 edition, as adopted by reference in 675 IAC22-2.3-1, apply to tents or canopies in which cooking does not occur,the commission shall suspend enforcement of the following sectionsof the International Fire Code, 2000 edition, until the division of fireand building safety recommends amendments to the commissionunder subsection (h) and the commission adopts rules undersubsection (i) based on the recommendations:
(1) Section 2406.1 (675 IAC 22-2.3-233).
(2) Section 2406.2.
(3) Section 2406.3.
(g) To the extent that section 2403.2 of the International FireCode, 2000 edition, as adopted by reference in 675 IAC 22-2.3-1,applies to a tent or canopy in which there is an open flame, thecommission shall suspend enforcement of section 2403.2 until thedivision of fire and building safety recommends amendments tosection 2403.2 to the commission under subsection (h) and thecommission adopts rules under subsection (i) based on therecommendations and amending section 2403.2.
(h) The division of fire and building safety shall recommendamendments to the commission to the following sections of theInternational Fire Code, 2000 edition, as adopted by reference in 675IAC 22-2.3-1:
(1) Section 2403.2.
(2) Section 2406.1 (675 IAC 22-2.3-233).
(3) Section 2406.2.
(4) Section 2406.3.
(i) After receiving and considering recommendations from thedivision of fire and building safety under subsection (h), and usingthe procedure set forth in IC 4-22-2-38, the commission shall amendthe following sections of the International Fire Code, 2000 edition,as adopted by reference in 675 IAC 22-2.3-1:
(1) Section 2403.2.
(2) Section 2406.1 (675 IAC 22-2.3-233).
(3) Section 2406.2.
(4) Section 2406.3.
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.
IC 22-13-2-3
Precedence of rules adopted by commission; reference to rules;ordinances
Sec. 3. (a) Except to the extent provided in subsection (c), therules adopted under section 2 of this chapter take precedence over: (1) any rule adopted by a state agency that conflicts with thecommission's fire safety rules or building rules; and
(2) any ordinance or other regulation adopted by a politicalsubdivision that covers the same subject matter as thecommission's fire safety rules or building rules.
(b) State agencies and political subdivisions may incorporate therules adopted by the commission by reference into a rule, ordinance,or other regulation. Notwithstanding IC 4-22-9-6, a reference to therules adopted by the commission, by citation to the IndianaAdministrative Code (IAC), shall be construed to include allamendments as of the date that the reference is written and any lateramendments to that provision, unless accompanied by a reference toa specific edition or supplement to the Indiana Administrative Code.
(c) A city, town, or county may adopt an ordinance that includesmore stringent or detailed requirements that do not conflict with thecommission's rules, but the ordinance is subject to approval undersection 5 of this chapter.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-4
Duplication, conflict, or overlapping of responsibility between rules
Sec. 4. If the commission finds duplication, conflict, oroverlapping 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 agencyshall revise its rules to eliminate the duplication, conflict, or overlap.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-5
Ordinances or regulations of political subdivisions; review;approval of commission required
Sec. 5. (a) The commission shall carry out a program to reviewthe fire safety laws and the building laws adopted in the ordinancesand other regulations of political subdivisions.
(b) An ordinance or other regulation adopted by a politicalsubdivision that qualifies as a fire safety law or a building law is noteffective until it is approved by the commission. However, anordinance that:
(1) is adopted by a city, town, or county; and
(2) governs the installations, repair, and maintenance of smokedetectors in residential structures that are not required to havesmoke detectors under the rules of the commission;
is effective without approval by the commission.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-6
Ordinances or regulations of political subdivisions; application toindustrialized building system or mobile structure Sec. 6. An ordinance or other regulation adopted by a politicalsubdivision that governs the construction of a building or otherstructure does not apply to an industrialized building system ormobile structure that is certified under IC 22-15-4.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-7
Review of variances and orders of state agencies or politicalsubdivisions
Sec. 7. (a) The commission may review and modify or reverse anyvariance 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 politicalsubdivision to the fire safety laws and building laws adopted in itsordinances. The variance is not effective until it is approved by thecommission.
(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 underIC 4-21.5-3-7 within thirty (30) days after the political subdivisionhas issued the order.
(d) A copy of the petition under subsection (c) shall be deliveredto the political subdivision issuing the order.
(e) Review of an order under this section does not suspend therunning of the time period under any statute in which a person mustpetition a court for judicial review of the order.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-8
Equipment laws
Sec. 8. (a) The commission shall adopt rules under IC 4-22-2 tocreate equipment laws applicable to regulated lifting devices.
(b) Except as provided in subsection (c), subject to the approvalof the commission, the rules board shall adopt rules under IC 4-22-2to create equipment laws applicable to regulated boilers and pressurevessels.
(c) Subject to the approval of the commission, the rules board mayadopt emergency rules under IC 4-22-2-37.1 only to adopt byreference all or part of the following national boiler and pressurevessel codes:
(1) The American Society of Mechanical Engineers Boiler andPressure Vessel Code.
(2) The National Board of Boiler and Pressure VesselInspectors Inspection Code.
(3) The American Petroleum Institute 510 Pressure VesselInspection Code.
(4) Any subsequent editions of the codes listed in subdivisions
(1) through (3).
(d) An emergency rule adopted under subsection (c) expires onthe earlier of the following dates:
(1) Not more than two (2) years after the emergency rule isaccepted for filing with the publisher of the Indiana Register.
(2) The date a permanent rule is adopted under IC 4-22-2.
(e) Subject to the approval of the commission, the regulatedamusement device safety board established under IC 22-12-4.5 shalladopt rules under IC 4-22-2 to create equipment laws applicable toregulated 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.
IC 22-13-2-9
Power of political subdivisions to regulate; limitation
Sec. 9. Except as provided in section 10 of this chapter, politicalsubdivisions 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.
IC 22-13-2-10
Lifting devices; regulation by county, city, or town; permits;inspections
Sec. 10. (a) A county, city, or town may regulate regulated liftingdevices if the unit's regulatory program is approved by thecommission.
(b) A unit must submit its ordinances and other regulations thatregulate lifting devices to the commission for approval. Theordinance or other regulation is not effective until it is approved bythe commission. If any of these ordinances or regulations conflictwith the commission's rules, the commission's rules supersede thelocal ordinance or other regulation.
(c) A unit may issue permits only to applicants who qualify underIC 22-15-5. However, the unit may specify a lesser fee than that setunder IC 22-12-6-6(a)(7).
(d) A unit must inspect regulated lifting devices with inspectorswho possess the qualifications necessary to be employed by thedivision of fire and building safety of the department of homelandsecurity 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.
IC 22-13-2-11
Variances
Sec. 11. (a) The commission, the rules board, or the regulatedamusement device safety board established by IC 22-12-4.5-2 may
grant a variance to a rule that it has adopted.
(b) To qualify for a variance, an applicant must pay the fee setunder IC 22-12-6-6 and submit facts demonstrating that:
(1) compliance with the rule will impose an undue hardshipupon the applicant or prevent the preservation of anarchitecturally significant or historically significant part of abuilding or other structure; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved bythe body adopting the rule;
will not be adverse to the public health, safety, or welfare.
(c) A variance granted under this section is conditioned uponcompliance with an alternative standard approved under subsection(b)(2)(B).
(d) A variance granted under this section takes precedence overconflicting rules adopted by a state agency and conflictingordinances and other regulations adopted by a political subdivision.
As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003,SEC.10.
IC 22-13-2-12
Agreements with federal government, other states, or foreigncountries; approval of attorney general
Sec. 12. (a) This section applies if the commission is authorizedby statute to enter into agreements with the federal government,another state, or foreign country.
(b) An agreement under this section must be submitted to theattorney general for approval. The attorney general shall approve theagreement unless the attorney general finds that it does not complywith the statutes. If the attorney general disapproves the agreement,the attorney general shall give the commission a detailed statementindicating the basis for the disapproval. If the attorney general failsto approve or disapprove the agreement within sixty (60) days afterit is submitted, it is considered approved.
As added by P.L.245-1987, SEC.2.
IC 22-13-2-13
Exercise of power to adopt rules by commission
Sec. 13. (a) The commission may adopt rules under IC 4-22-2 toimplement this article, IC 22-12, IC 22-14, and IC 22-15.
(b) Any power of the state fire marshal or the division of fire andbuilding safety to adopt rules shall be exercised by the commission.
As added by P.L.245-1987, SEC.2. Amended by P.L.1-2006,SEC.359.
IC 22-13-2-14
Studies and consultation
Sec. 14. The commission may engage in studies and consult withany person to implement this article, IC 22-12, IC 22-14, and
IC 22-15.
As added by P.L.245-1987, SEC.2.