CHAPTER 17. FIRE SAFETY INSPECTIONS; ARSON INVESTIGATIONS
IC 36-8-17
Chapter 17. Fire Safety Inspections; Arson Investigations
IC 36-8-17-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the fireprevention and building safety commission.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-2
"Fire department" defined
Sec. 2. As used in this chapter, "fire department" means a paid firedepartment or a volunteer fire department that renders fire preventionor fire protection services to a political subdivision.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999,SEC.103.
IC 36-8-17-3
"Fire safety law" defined
Sec. 3. As used in this chapter, "fire safety law" means any law,including rules and orders of the commission, safeguarding life orproperty from the hazards of fire or explosion.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-4
"Division" defined
Sec. 4. As used in this chapter, "division" refers to the division offire and building safety.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,SEC.576.
IC 36-8-17-5
Compliance with order directing fire department to assist divisionof fire and building safety
Sec. 5. (a) The fire chief and the designees of the fire chief inevery fire department are assistants to the state fire marshal.
(b) A fire department shall comply with an order issued by thedivision under IC 22-14-2-4 that directs the fire department to assistthe division.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,SEC.577.
IC 36-8-17-6
Enforcement of fire safety laws
Sec. 6. A fire department may enforce under this chapter any firesafety law that is applicable to the jurisdiction served by the firedepartment.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-7 Fire investigations; notice of crime; report; powers of firedepartment; subpoenas; discovery orders
Sec. 7. (a) A fire department shall investigate and determine thecauses and circumstances surrounding each fire occurring within theterritory served by the fire department. The fire department shallbegin the investigation when the fire occurs. The fire departmentshall immediately notify the division if the fire chief believes that acrime may have been committed and shall submit a written report tothe division concerning every investigation at the end of each month.The fire department shall submit the report on the form prescribed bythe division and shall include the following information in the report:
(1) A statement of the facts relating to the cause and origin ofthe fire.
(2) The extent of damage caused by the fire.
(3) The amount of insurance on the property affected by thefire.
(4) Other information required in the commission's rules.
(b) To carry out this section, a fire department may:
(1) enter and inspect any real or personal property at areasonable hour;
(2) cooperate with the prosecuting attorney and assist theprosecuting attorney with any criminal investigation;
(3) request that the office subpoena witnesses underIC 22-14-2-8 or order the production of books, documents, andother papers;
(4) give oaths and affirmations;
(5) take depositions and conduct hearings; and
(6) separate witnesses and otherwise regulate the course ofproceedings.
(c) Subpoenas, discovery orders, and protective orders issuedunder this section shall be enforced under IC 4-21.5-6-2.
As added by P.L.245-1987, SEC.21. Amended by P.L.222-1989,SEC.19; P.L.1-2006, SEC.578.
IC 36-8-17-8
Inspection program; reports
Sec. 8. (a) A fire department serving an area that does not includea city may engage in an inspection program to promote compliancewith fire safety laws. Upon the request of an owner or a primarylessee who resides in a private dwelling, the fire department mayinspect the interior of the private dwelling to determine compliancewith IC 22-11-18-3.5. The fire department shall maintain a writtenreport for each inspection. These reports shall be made available tothe division upon request.
(b) The fire department serving an area that includes a city shallinspect every place and public way within the jurisdiction of the city,except the interiors of private dwellings, for compliance with the firesafety laws. Upon the request of an owner or a primary lessee whoresides in a private dwelling, the fire department may inspect theinterior of the private dwelling to determine compliance with
IC 22-11-18-3.5. Except as otherwise provided in the rules adoptedby the commission, the fire chief of the fire department shall specifythe schedule under which places and public ways are inspected andmay exclude a class of places or public ways from inspection underthis section, if the fire chief determines that the public interest willbe served without inspection. The fire department shall maintain awritten report for each inspection. The fire department shall submitmonthly reports to the division, on forms prescribed by the division,containing the following information:
(1) The total number of inspections made.
(2) The total number of defects found, classified as required bythe office.
(3) The total number of orders issued for correction of eachclass of defect.
(4) The total number of orders complied with.
(c) A volunteer fire department may carry out inspections underthis section only through an individual who is certified underIC 22-14-2-6(c).
As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999,SEC.104; P.L.1-2006, SEC.579; P.L.17-2008, SEC.6.
IC 36-8-17-9
Orders to cease and correct violations; emergency or temporaryorders
Sec. 9. (a) A fire department may issue orders under IC 4-21.5-3-6to require a person to cease and correct a violation of the fire safetylaws. The order must grant a reasonable time in which to correct aviolation of law covered by the order.
(b) A fire department may issue an emergency or temporary orderunder IC 4-21.5-4 if the fire department determines that conduct ora condition of property:
(1) presents a clear and immediate hazard of death or seriousbodily injury to any person other than a trespasser;
(2) is prohibited without a permit, registration, certification,release, authorization, variance, exemption, or other licenserequired under IC 22-14 or another statute administered by thedivision and the license has not been issued; or
(3) will conceal a violation of law.
(c) An emergency or other temporary order issued undersubsection (b) must be approved by the state fire marshal. Theapproval may be communicated orally to the fire department.However, the division shall maintain a written record of theapproval.
(d) An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include thefollowing, singly or in combination:
(1) Require a person who has taken a substantial step towardviolating a fire safety law or has violated a fire safety law tocease and correct the violation.
(2) Require a person who has control over property that isaffected by a violation to take reasonable steps to: (A) protect persons and property from the hazards of theviolation; and
(B) correct the violation.
(3) Require persons to leave an area that is affected by aviolation and prohibit persons from entering the area until theviolation is corrected.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,SEC.580.
IC 36-8-17-10
Informal review of order; time to appeal; modification or reversalof order
Sec. 10. (a) The division shall give a person who:
(1) is aggrieved by an order issued under section 9 of thischapter; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the division.Review under this subsection does not suspend the running of thetime period in which a person must petition under IC 4-21.5-3-7 toappeal the order.
(b) The division may, on its own initiative or at the request of anyperson, modify or reverse an order issued under section 9 of thischapter.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,SEC.581.
IC 36-8-17-11
Appeal of orders; administrative proceedings
Sec. 11. (a) An order issued under section 9 or 10 of this chaptermay be appealed to the commission under IC 4-21.5-3-7. A decisionto deny a request to modify or reverse an order issued under section10 of this chapter is not appealable.
(b) If an order issued under section 9 or 10 of this chapter isappealed, the commission or its designee shall conduct alladministrative proceedings under IC 4-21.5. In its proceedings, thecommission may modify or reverse the order.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-12
Enforcement of orders
Sec. 12. The division may enforce an order issued under thischapter under IC 4-21.5-6.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,SEC.582.
IC 36-8-17-13
Rules to implement chapter
Sec. 13. The commission may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.245-1987, SEC.21.