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 and
building safety commission.
(2) "Exit" means a continuous and unobstructed means of
egress to a public way designated as an exit pursuant to the
rules of the commission. The term includes doorways,
corridors, exterior exit balconies, ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, exit courts, and
yards.
(3) "Owner" means a person having control or custody of any
building covered by this chapter.
(4) "Public building" means any structure used in whole or in
part 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 care
facilities, mercantile occupancies, and office occupancies.
(5) "Special egress control device" means an exit locking
system that:
(A) allows a delay in exiting through an exit in a
nonemergency 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 fire
alarms
Sec. 2. (a) Except as provided in subsection (b) and section 2.5 of
this chapter, an owner of a public building shall not permit an exit to
be locked or obstructed in any manner that denies the public a
continuous and unobstructed means of egress while lawfully
occupied 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 a
special egress control device;
(2) limit the circumstances under which a special egress control
device may be used; and
(3) allow an exit that was in compliance with the rules of the
commission when the exit was constructed to be equipped with
a special egress control device.
(c) An owner of a public building shall not permit a fire alarm to
be disconnected or otherwise rendered inoperative, except in cases
of 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 a
health facility licensed under IC 16-28 complies with section 2(a) of
this chapter by meeting the federal standards of certification for
participation in a reimbursement program under either of the
following:
(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. 1396
et 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 commits
a 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 felony
if:
(1) he knowingly or intentionally violates section 2 of this
chapter; and
(2) bodily injury (as defined by IC 35-41-1) or a loss of life
occurs to a person lawfully in the public building as a result of
a 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 normal
inspection process, conduct inspections to determine if there is
compliance with this chapter and the rules adopted under it. Any
evidence of a violation shall be turned over to the prosecuting
attorney 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 a
building from illegal entry or exit during nonbusiness or nonworking
hours.
(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.
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 and
building safety commission.
(2) "Exit" means a continuous and unobstructed means of
egress to a public way designated as an exit pursuant to the
rules of the commission. The term includes doorways,
corridors, exterior exit balconies, ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, exit courts, and
yards.
(3) "Owner" means a person having control or custody of any
building covered by this chapter.
(4) "Public building" means any structure used in whole or in
part 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 care
facilities, mercantile occupancies, and office occupancies.
(5) "Special egress control device" means an exit locking
system that:
(A) allows a delay in exiting through an exit in a
nonemergency 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 fire
alarms
Sec. 2. (a) Except as provided in subsection (b) and section 2.5 of
this chapter, an owner of a public building shall not permit an exit to
be locked or obstructed in any manner that denies the public a
continuous and unobstructed means of egress while lawfully
occupied 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 a
special egress control device;
(2) limit the circumstances under which a special egress control
device may be used; and
(3) allow an exit that was in compliance with the rules of the
commission when the exit was constructed to be equipped with
a special egress control device.
(c) An owner of a public building shall not permit a fire alarm to
be disconnected or otherwise rendered inoperative, except in cases
of 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 a
health facility licensed under IC 16-28 complies with section 2(a) of
this chapter by meeting the federal standards of certification for
participation in a reimbursement program under either of the
following:
(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. 1396
et 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 commits
a 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 felony
if:
(1) he knowingly or intentionally violates section 2 of this
chapter; and
(2) bodily injury (as defined by IC 35-41-1) or a loss of life
occurs to a person lawfully in the public building as a result of
a 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 normal
inspection process, conduct inspections to determine if there is
compliance with this chapter and the rules adopted under it. Any
evidence of a violation shall be turned over to the prosecuting
attorney 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 a
building from illegal entry or exit during nonbusiness or nonworking
hours.
(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.
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 and
building safety commission.
(2) "Exit" means a continuous and unobstructed means of
egress to a public way designated as an exit pursuant to the
rules of the commission. The term includes doorways,
corridors, exterior exit balconies, ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, exit courts, and
yards.
(3) "Owner" means a person having control or custody of any
building covered by this chapter.
(4) "Public building" means any structure used in whole or in
part 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 care
facilities, mercantile occupancies, and office occupancies.
(5) "Special egress control device" means an exit locking
system that:
(A) allows a delay in exiting through an exit in a
nonemergency 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 fire
alarms
Sec. 2. (a) Except as provided in subsection (b) and section 2.5 of
this chapter, an owner of a public building shall not permit an exit to
be locked or obstructed in any manner that denies the public a
continuous and unobstructed means of egress while lawfully
occupied 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 a
special egress control device;
(2) limit the circumstances under which a special egress control
device may be used; and
(3) allow an exit that was in compliance with the rules of the
commission when the exit was constructed to be equipped with
a special egress control device.
(c) An owner of a public building shall not permit a fire alarm to
be disconnected or otherwise rendered inoperative, except in cases
of 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 a
health facility licensed under IC 16-28 complies with section 2(a) of
this chapter by meeting the federal standards of certification for
participation in a reimbursement program under either of the
following:
(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. 1396
et 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 commits
a 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 felony
if:
(1) he knowingly or intentionally violates section 2 of this
chapter; and
(2) bodily injury (as defined by IC 35-41-1) or a loss of life
occurs to a person lawfully in the public building as a result of
a 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 normal
inspection process, conduct inspections to determine if there is
compliance with this chapter and the rules adopted under it. Any
evidence of a violation shall be turned over to the prosecuting
attorney 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 a
building from illegal entry or exit during nonbusiness or nonworking
hours.
(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.
