CHAPTER 21.5. SEVERE WEATHER WARNING SIRENS
IC 36-8-21.5
Chapter 21.5. Severe Weather Warning Sirens
IC 36-8-21.5-1
"Department"
Sec. 1. As used in this chapter, "department" refers to:
(1) the department of homeland security established byIC 10-19-2-1; or
(2) an appropriate division within the department of homelandsecurity, as determined by the executive director of thedepartment of homeland security.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-2
"Infrastructure agency"
Sec. 2. As used in this chapter, "infrastructure agency", withrespect to an area in a county, means:
(1) a political subdivision; or
(2) an agency;
responsible for planning for, acquiring, operating, maintaining, ortesting one (1) or more severe weather warning sirens in the area.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-3
"Plan"
Sec. 3. As used in this chapter, "plan" refers to a siren coverageplan adopted by a county under section 13 of this chapter.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-4
"Planning agency"
Sec. 4. As used in this chapter, "planning agency", with respect toan area, means:
(1) a unit that has planning and zoning jurisdiction over all orany part of the area; or
(2) a plan commission that has planning jurisdiction over all orany part of the area.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-5
"Planned siren"
Sec. 5. As used in this chapter, "planned siren" refers to a sirenthat satisfies all of the following:
(1) The siren has a definite location within the county.
(2) The funding for the siren has been identified.
(3) An approximate date for the siren's acquisition andinstallation has been determined.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-6 "Report"
Sec. 6. As used in this chapter, "report" refers to a siren coveragereport prepared by a county under section 11 of this chapter.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-7
"Severe weather"
Sec. 7. As used in this chapter, "severe weather" means:
(1) a tornado; or
(2) any other storm, weather condition, or emergencydesignated by the department in a rule adopted under section 9of this chapter.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-8
"Severe weather warning siren"
Sec. 8. As used in this chapter, "severe weather warning siren" or"siren" means a siren that can be activated within a specified rangeto warn residents of an occurrence or imminent threat of severeweather.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-9
Department to adopt rules concerning severe weather warningsirens
Sec. 9. Before January 1, 2010, the department shall adopt rulesunder IC 4-22-2 to provide for the following:
(1) Minimum technical standards, including a minimum range,for any siren that is to be acquired and installed in a countyunder a county's siren coverage plan.
(2) A specification of any permissible storm, weather condition,or emergency, other than a tornado, for which a severe weatherwarning siren may be activated.
(3) Requirements for any test, activation, or failure rate datathat the department may require a county to submit with respectto any siren identified by a county in a:
(A) siren coverage report prepared under this chapter; or
(B) siren coverage plan prepared under this chapter.
(4) Any other rules necessary for the department to:
(A) assess the number, location, and condition of existingsevere weather warning sirens in each county in Indiana; and
(B) determine the need for additional sirens in order toensure comprehensive severe weather warning sirencoverage for all Indiana residents.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-10
County's siren coverage plan; assistance from department; sirencoverage report
Sec. 10. (a) At the request of the county legislative body, the
department shall assist the county in development of a siren coverageplan for the county.
(b) In developing a siren coverage plan for a county, thedepartment may require the county to develop a siren coveragereport.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-11
Siren coverage report; required information; public hearings;adoption
Sec. 11. (a) Except for the recommendation required bysubsection (b)(3), the county legislative body may designate one (1)or more:
(1) infrastructure agencies; or
(2) other departments, divisions, or agencies;
to prepare a siren coverage report.
(b) A siren coverage report must include the following:
(1) A description of all existing and planned severe weatherwarning sirens in the county as of the date of the report. Foreach severe weather warning siren identified, the followinginformation must be included:
(A) The location of the siren within the county, including anidentification of any political subdivision in which the sirenis or will be located. The information provided under thisclause must include a map depicting the location of eachsiren within the county.
(B) The following technical and other specifications for thesiren:
(i) The manufacturer and model year.
(ii) For an existing siren, the date of installation.
(iii) For a planned siren, the planned dates for installationand first operation.
(iv) The range of the siren, identified in miles or someother appropriate measure of distance.
(v) The number of persons living within the rangeidentified under item (iv), as determined by the mostrecent federal census block data available.
(vi) For an existing siren, siren activation data for the mostrecent twelve (12) month period, including the date ofeach activation and whether the siren was activated fortesting purposes or for an actual severe weather event. Ifan existing siren has been in operation for less than twelve(12) months, the data required by this item must cover allactivations occurring since the date the siren first cameonline.
(vii) For an existing siren, the siren's failure rate, asdetermined from the data reported under item (vi).
(2) An identification of the areas in the county that are notwithin the range of an existing or a planned siren. For each areaidentified under this subdivision, the following information
must be included:
(A) The number of persons living in the area, as determinedby the most recent federal census block data available.
(B) Any development planned for the area, as determinedthrough consultation with all appropriate planning agencies.The information required by this clause must include:
(i) the type of development proposed;
(ii) the number of new dwelling units or other buildingsproposed; and
(iii) the status of the proposal, including the status of anyneeded permits or approvals.
(3) Subject to subsection (e), a recommendation by the countylegislative body as to the county's need for any additionalsirens, other than those sirens identified as planned sirens undersubdivision (1). The county legislative body may recommendunder this subdivision additional sirens to provide coverage for:
(A) any of the areas identified under subdivision (2) as notwithin the range of an existing or a planned siren; or
(B) any area identified under subdivision (1) as within therange of an existing siren, if the county legislative bodydetermines that the existing siren does not provide consistentor adequate coverage for the area, based on the existingsiren's failure rate, as determined under subdivision(1)(B)(vii).
(c) In making a recommendation under subsection (b)(3), thecounty legislative body:
(1) may consult with the department; and
(2) shall consult with each:
(A) infrastructure agency; and
(B) planning agency;
with jurisdiction in an area identified by the county legislativebody as needing one (1) or more sirens.
(d) Before adopting the siren coverage report prepared under thissection, the county legislative body must do the following:
(1) Give notice of and hold at least one (1) public hearing on thereport.
(2) Publish, in accordance with IC 5-3-1, a schedule stating thetime and place of each hearing. The schedule must also statewhere the entire report is on file and may be examined in itsentirety for at least ten (10) days before the hearing.
(e) After considering any comments made at the hearing requiredby subsection (d), the county legislative body shall:
(1) adopt the report:
(A) as originally proposed; or
(B) as modified by the county legislative body after thehearing required by subsection (d); and
(2) submit the report to the department.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-12 Department's review of report; recommendations
Sec. 12. The department shall do the following not later than six(6) months after a county submits a report under section 11 of thischapter:
(1) Review the siren coverage report.
(2) Make any recommendations to the county that thedepartment determines to be necessary to ensure comprehensivesevere weather warning siren coverage for all residents of thecounty.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.171.
IC 36-8-21.5-13
County's siren coverage plan; required information; publichearings; adoption; effective date
Sec. 13. (a) A county's siren coverage plan must contain thefollowing information:
(1) The information included in the county's siren coveragereport under section 11 of this chapter, including the following:
(A) Information concerning any areas in the county that arenot within the range of an existing or a planned siren, as:
(i) identified by the county in its siren coverage report; and
(ii) updated or revised by the county as needed to providean accurate and current assessment of the county's existingand planned sirens and need for additional sirens.
(B) Information concerning any areas in the county that arewithin the range of an existing siren if the department hasdetermined that the existing siren does not provideconsistent or adequate coverage for the area. As necessary,the county shall update the information provided under thisclause as follows:
(i) To include any additional existing sirens that thecounty legislative body has determined do not provideconsistent or adequate coverage for an area. The countyshall provide the test, activation, or failure rate data tosupport its determination as may be required by a ruleadopted by the department under this chapter.
(ii) To exclude any siren that the department hasdetermined does not provide consistent or adequatecoverage for an area. The county shall provide such proofas may be required by a rule adopted by the departmentunder this chapter that the siren has been repaired orreplaced.
(C) Any additional or revised information that:
(i) was not included in the county's siren coverage report;and
(ii) is necessary to provide an accurate and currentassessment of the county's existing and planned sirens andneed for additional sirens.
(2) An estimate of the nature and location of development thatis expected to occur in each area identified under subdivision
(1) during the ten (10) years immediately following the date ofthe adoption of the plan.
(3) An estimate of the type, location, and cost of the siren orsirens that are necessary to provide complete siren coverage forthe areas identified under subdivision (1). The plan mustindicate:
(A) the proposed timing and sequencing of the acquisitionand installation of each siren; and
(B) the infrastructure agency that is responsible for acquiringand providing for the installation of each siren.
(4) A general description of the sources and amounts of moneyused to pay for any sirens installed in the county during the five(5) years immediately preceding the date of the plan.
(b) For each area in which the plan provides for the acquisitionand installation of a siren, the plan must:
(1) provide for the acquisition and installation within the ten(10) years immediately following the date of the plan'sadoption; and
(2) identify the revenue sources and estimate the amount of therevenue sources that the county intends to use to acquire andinstall the sirens identified under subsection (a)(3).
(c) In preparing, or causing to be prepared, the plan required bythis section, the county:
(1) may consult with:
(A) the department; or
(B) a qualified engineer licensed to perform engineeringservices in Indiana; and
(2) shall consult with each:
(A) infrastructure agency; and
(B) planning agency;
with jurisdiction in an area described in subsection (a)(1).
(d) Before adopting the siren coverage plan prepared under thissection, the county legislative body must do the following:
(1) Give notice of and hold at least one (1) public hearing on theplan.
(2) Publish, in accordance with IC 5-3-1, a schedule stating thetime and place of each hearing. The schedule must also statewhere the entire plan is on file and may be examined in itsentirety for at least ten (10) days before the hearing.
(e) After considering any comments made at the hearing requiredby subsection (d), the county legislative body shall:
(1) adopt the plan:
(A) as originally proposed; or
(B) as modified by the county legislative body after thehearing required by subsection (d); and
(2) submit the plan to the department.
(f) A siren coverage plan adopted under this section takes effecton January 1 after its adoption. Each unit having planning and zoningjurisdiction in an area described in subsection (a)(1) shall incorporatethe siren coverage plan as part of the unit's comprehensive plan and
capital improvement plan, as appropriate.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.172.
IC 36-8-21.5-14
Department to assist in implementing plan
Sec. 14. The department shall assist a county that adopts a sirencoverage plan to do the following:
(1) Implement the plan.
(2) Obtain federal and other grants to enable the county toimplement the plan.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.173.