(a)

This chapter shall be known as the "Indianapolis-Marion County Fire Protection Code."

(b)

The purpose of this chapter is to prescribe regulations consistent with nationally recognized standards for the protection of life, environment, and property from the hazards of fire and explosion, from the hazards arising from the storage, handling and use of hazardous materials, from conditions hazardous to life or property in the use or occupancy of new or existing buildings and premises, and to establish appropriate administrative procedures for the enforcement of this chapter.

(G.O. 43, 2002, § 2)

As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

Class 1 structure means buildings and structures as defined in the Indiana Administrative Code 675 IAC 12-6.

Class 2 structure means buildings and structures as defined in the Indiana Administrative Code 675 IAC 12-6.

Fire department means the Indianapolis Fire Department and the township fire departments that render fire prevention or protection services to the townships in Marion County that are not completely within the boundaries of the Indianapolis Fire Special Service District, and that have not been consolidated into the Indianapolis Fire Department.

Fire prevention bureau means the fire prevention bureau established by this chapter for the Indianapolis Fire Department or of a township fire department located within the county.

Fire prevention chief means the administrative head of a fire prevention bureau appointed pursuant to section 591-202 or 591-203 of this Code.

Hazardous condition means the presence of a structural condition, equipment, utility connection, materials which constitutes or poses a recognized threat of fire or other injury to persons or property.

Private dwelling means a building used exclusively as the personal residence of one (1) or two (2) families.

(G.O. 43, 2002, § 2; G.O. 71, 2006, § 23)

(a)

The provisions of this chapter shall be supplemental to the Indiana Fire Code, as adopted by the Indiana Fire Prevention and Building Safety Commission.

(b)

The provisions of this chapter shall apply to maintenance of fire prevention and life safety features as herein described.

(c)

When any provision of this chapter is found to be in conflict with any building, zoning, safety, health, or other applicable law or ordinance of the city or county existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

(d)

The provisions of this chapter shall apply to existing conditions; as well as to the conditions arising after the adoption thereof. Buildings, systems, uses, processes, and equipment in existence on the effective date of this chapter shall be permitted to continue so long as they are maintained in a condition that is equivalent to the quality and fire resistive characteristics that existed when the building was constructed, altered, added to or repaired.

(G.O. 43, 2002, § 2)

(a)

All fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in Article 22 of Title 675 of the Indiana Administrative Code applicable to Marion County are hereby incorporated in this chapter, and shall include later amendments to that article as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein.

(b)

Any special processes or procedures not addressed in 675 IAC 22 or subsection 591-105(a) shall be subject to applications found in fire safety standards recognized by 675 IAC 22 Section 9001, subsection 591-105(a) and the jurisdictional fire chief.

(c)

Any special processes or procedures not addressed in subsection 591-105(a) or 591-105(b) shall be subject to applications found in the current editions of the National Fire Protection Association standards or other recognized fire safety standards, subject to the rules of the Indiana Fire Prevention and Building Safety Commission.

(d)

A current copy of these standards shall be available in the office of each fire prevention bureau for inquiry and review by the public during normal business hours.

(G.O. 43, 2002, § 2)

(a)

As used in this article, smoke and smoking mean and include the carrying of a lighted pipe, cigar, cigarette or tobacco in any form.

(b)

No person shall smoke or carry a lighted match or lighter at such locations in the following places:

(1)

Public assemblies;

(2)

Educational occupancies;

(3)

Institutional occupancies;

(4)

Retail selling establishments; and,

(5)

Buildings, except residential occupancies, which contain explosives or combustible materials, any of which would be thereby exposed to ignition;

which the fire prevention chief designates as a "no smoking area" because of the fire dangers which the smoking could cause. Provided, however, the owner of the above-enumerated places may designate rest rooms, smoking rooms or other areas where smoking is permissible if such smoking room or area has been approved by the fire prevention chief.

(c)

No person shall smoke in any elevator.

(d)

The owner or occupant shall post approved "no smoking" signs in each building, structure, room or place in which smoking is prohibited. Signs shall be conspicuously and suitably located and shall be maintained. However, this subsection does not apply to buildings or structures which are smoke-free environments and are posted as such at all public and employee entrances, and where no visible evidence of prohibited smoking exists within the building or structure.

(e)

No person shall remove any legally required "NO SMOKING" sign, or smoke in any areas where such signs are posted.

(G.O. 43, 2002, § 2)

Any person who supervises, manages, or directs the installation, retrofitting, removal or closure of underground storage tanks shall notify the appropriate fire prevention bureau fourteen (14) days prior to commencement of work; however, this requirement shall not apply in emergency repair work where fourteen (14) day notification is not possible.

(G.O. 43, 2002, § 2)

(a)

As authorized by IC 36-8-17, there is hereby established a local fire prevention bureau within the Indianapolis Fire Department and within each township located within the county that is not completely within the boundaries of the Indianapolis Fire Special Service District, and whose township fire department has not been consolidated into the Indianapolis Fire Department.

(b)

The jurisdiction of the various fire prevention bureaus shall be as follows:

(1)

The fire prevention bureau established within the Indianapolis Fire Department shall have jurisdiction that is coterminous with the jurisdiction of such Department; and

(2)

Each township fire prevention bureau shall have jurisdiction within the portion of that township which is outside the boundaries of the Indianapolis Fire Special Service District and other municipalities having a municipal fire department.

(G.O. 43, 2002, § 2; G.O. 71, 2006, § 24)

The Fire Prevention Bureau of the Indianapolis Fire Department shall be under the supervision of the fire prevention chief appointed pursuant to the applicable personnel rules of the fire department.

(G.O. 43, 2002, § 2; G.O. 71, 2006, § 24)

(a)

The fire prevention bureau established in each township pursuant to section 591-201 shall be operated under the executive control of the township trustee and the administrative supervision of the township fire chief.

(b)

The fire prevention bureau of each township fire department shall be under the supervision of the fire prevention chief appointed pursuant to the applicable personnel rules of the fire department.

(G.O. 43, 2002, § 2; G.O. 71, 2006, § 24)

(a)

Pursuant to IC 36-8-17, authorized personnel of each fire department or bureau may, at all reasonable hours, enter any structure (except private dwellings) within its jurisdiction for the purpose of conducting inspections or investigations pursuant to this chapter. The right to enter shall extend to new structures under construction as well as to existing structures being renovated or remodeled.

(b)

An inspector or investigator may be required by the owner or occupant to produce satisfactory proof of his authority or identity.

(c)

If an inspector or investigator is denied access, the fire prevention chief may apply to a court of competent jurisdiction for an order allowing inspection or investigation.

(G.O. 43, 2002, § 2)

(a)

Each fire department shall perform inspections under the administrative supervision of the fire chief pursuant to IC 36-8-17.

(b)

Each fire department may, as often as may be reasonably necessary inspect every structure, building, place and public way, except the interiors of private dwellings, for compliance with fire safety laws.

(c)

Upon the request of an owner or a primary lessee who resides in a private dwelling, the Indianapolis Fire Department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5 for the fee listed in section 131-502 of the Code.

(d)

The fire prevention chief may implement a self-inspection program for monitoring compliance with fire safety laws. Property owners or primary lessees that are eligible, as determined by the fire prevention chief, for the fire safety law compliance self-inspection program shall adhere to the requirements of such program as implemented by the fire department and shall be subject to the fee provided in section 131-502 of the Code.

(e)

The fees for Indianapolis Fire Department inspections performed under this section shall be provided in section 131-502 of the Code.

(f)

Following the issuance of an inspection report that contains a violation of a fire safety law, pursuant to the enforcement procedures under division 4 of this article, the Indianapolis Fire Department may re-inspect a structure, building or place to ensure the violation has been remedied. If a violation cited in the inspection report is not remedied upon the Indianapolis Fire Department's re-inspection, the owner or, if applicable, primary lessee of the structure, building or place shall be subject to the fee provided in section 131-502 of the Code for any subsequent re-inspections of such violation.

(G.O. 43, 2002, § 2; G.O. 36, 2006, § 1; G.O. 46, 2012, § 2)

(a)

Each fire department shall perform fire investigations under the administrative supervision of the fire chief pursuant to IC 36-8-17.

(b)

Each fire department shall investigate, assist in the prosecution of, and support suppression of arson and other crimes associated with the destruction or attempted destruction of property by fire in their respective jurisdiction, shall take immediate charge of the physical evidence, notify any other authorities designated by law to assist in the investigation of such matters, and cooperate with such other authorities in the prosecution of the case. Reports prepared pursuant to this section shall be in the form prescribed by the chief of the division and shall contain a statement of all facts relating to the cause, origin and circumstances of the fire, the extent of damage, the approximate loss, the amount of insurance upon the property, and any other appropriate information concerning the fire.

(G.O. 43, 2002, § 2)

(a)

Each fire department shall keep a record of all fires and the facts concerning them, including statistics as to the extent of fires and the losses sustained. Such reports shall be prepared into an annual summary and submitted to the jurisdictional fire chief. The annual summary, together with recommendations for change, shall be submitted, when requested, to the director of the office of public health and safety or appropriate township trustee.

(b)

The fire department shall maintain files containing reports of all properties that have been inspected, all orders issued, of all complaints and fires investigated, and the location of all buildings containing hazardous occupancies.

(G.O. 43, 2002, § 2; G.O. 33, 2016, § 2)

(a)

It shall be the responsibility of each fire department to enforce all provisions of this chapter within its jurisdiction.

(b)

A fire department shall have such other powers and duties as may be conferred from time to time by law or ordinance.

(G.O. 43, 2002, § 2)

A bureau may obtain the services of the office of corporation counsel for legal assistance in connection with the enforcement of this chapter.

(G.O. 43, 2002, § 2)

The chief of the Indianapolis metropolitan police department may, upon request of the chief of the appropriate fire department or bureau, assign such available law enforcement officers as may be necessary to assist the appropriate department or bureau in the enforcement of this chapter.

(G.O. 43, 2002, § 2; G.O. 110, 2005, § 36; G.O. 47, 2009, § 36)

(a)

Each bureau shall have concurrent jurisdiction with the department of metropolitan development for the enforcement of any other violation of this chapter in which:

(1)

The bureau has actual knowledge of such a violation; and,

(2)

Such violation creates an immediate fire hazard, which endangers life, property or the public safety.

(b)

Each bureau shall, at the request of the city controller, assist in the administration and enforcement of all provisions of this chapter relating to licenses and permits as set forth in section 801-201 of this Code.

(G.O. 43, 2002, § 2)

Whenever it shall be the responsibility of more than one (1) official to enforce the provisions of this chapter, it shall be the duty of the enforcement officials to coordinate their inspections and administrative orders so far as is possible, so that the owners and occupants of the buildings shall not be subjected to numerous inspections, nor to multiple or conflicting orders.

(G.O. 43, 2002, § 2)

Under IC 36-8-17-9, the enforcement of 675 IAC 22, this chapter, or any other provision of this Code, which is within the jurisdiction of each fire department, the fire prevention bureau may seek the correction of any violation or the elimination of any hazardous condition, by the methods specified in this division or by any other appropriate remedy or procedure provided by law.

(G.O. 43, 2002, § 2)

Whenever a duly authorized inspector or investigator for a local fire prevention bureau determines by inspection that a violation of this Code or a hazardous condition exists upon any premise within the bureau's jurisdiction, the person making such determination shall issue such orders as may be necessary for the enforcement of the fire safety laws and ordinances governing the same and for safeguarding of life, environment and property from fire and explosion.

(G.O. 43, 2002, § 2)

A copy of the inspection report with violations and safety recommendations shall be served upon the owner, operator, occupant or other person responsible for the building or property. Service of such report shall be by personal service, or by affixing a copy thereof in a conspicuous place at the entrance of said building or premises and by mailing a copy thereof to the owner or occupant by first class mail to the owner's or occupant's last known address pursuant to IC 4-21.5-3.

(G.O. 43, 2002, § 2)

The fire prevention chief may order the operation or use stopped, or the evacuation, of any premises, building or vehicle or portion thereof under IC 36-8-17-9 when it is determined that conduct or conditions of the property:

(1)

Present a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;

(2)

Are prohibited without a permit, registration, certification, release, authorization, variance, exemption, or other license required under IC 22-14 or another statute administered by the department of fire and building services and the license has not been issued; or,

(3)

Will conceal a violation of law.

(G.O. 43, 2002, § 2)

In the event of imminent danger as defined in section 591-244 above, the owner or person in control of any premises or building upon which a violation or hazard exists shall:

(1)

Cease and correct the violation; or

(2)

Protect persons and property from the hazards of the violation and correct the violation; or,

(3)

Require persons to leave the area that is affected by a violation and prohibit persons from entering the area until the violation is corrected.

(G.O. 43, 2002, § 2)

(a)

An owner or occupant requesting a variance from state adopted fire and building laws as set forth by IC 22-13-2-11 shall apply for such with the Indiana Fire Prevention and Building Safety Commission in accordance with the 675 IAC 12-5.

(b)

An owner or occupant requesting a variance from the provisions of this chapter that are not part of the state adopted fire and building laws as set forth by IC 22-13-2-11 shall apply in writing to the applicable fire prevention chief. The granting of a variance shall be considered only upon the written application of the owner of the property, stating that:

(1)

Practical difficulties have been encountered in the implementation of specific requirements of this chapter;

(2)

Compliance with specific requirements of this chapter will cause unnecessary hardship to the owner; and

(3)

The owner desires to take advantage of new methods or equipment which are recognized as adequate for the purpose for which they are to be substituted.

(c)

A variance may be granted only if the fire prevention chief determines in writing that: (1) The requested use or modification will conform with fundamental requirements for safety; and (2) the granting of the variance does not increase the risk of fire or danger to the public. A copy of any variance granted shall be retained by the bureau.

(d)

A variance shall be enforced in the same manner as an order issued under section 591-242 of this chapter.

(e)

Whenever a bureau learns that an owner is in violation of the terms of a variance issued pursuant to this section, the fire prevention chief may order compliance as provided in section 591-247 with the variance or with this Code.

(G.O. 43, 2002, § 2)

(a)

If an owner or occupant fails to comply with an inspection report issued pursuant to section 591-242 of this Code or a variance issued pursuant to section 591-246 of this Code, the fire prevention bureau may issue an order to compel compliance with the provisions of this chapter.

(b)

The failure of any fire prevention bureau to inspect or to issue an order in accordance with this chapter shall not constitute approval of any violation or noncompliance with the provisions of this chapter.

(c)

Any order issued pursuant to this section shall be served upon the owner, operator, occupant or other person responsible for the building or property. Service of such order shall be by personal service, or by affixing a copy thereof in a conspicuous place at the entrance of said building or premises and by mailing a copy thereof to the owner or occupant by first class mail to the owner's or occupant's last known address pursuant to IC 4-21.5-3.

(G.O. 43, 2002, § 2)

(a)

The fire chief or his authorized representative is empowered to issue an order forbidding the occupancy of any structure or part of any structure, in accordance with IC 36-8-17-9.

(b)

The fire chief or his authorized representative, is empowered to issue an order forbidding continued construction of a building or structure when the building, structure or property under development is in violation of state or local fire prevention codes and continued work will:

(1)

Conceal a violation of law;

(2)

Be inaccessible to servicing fire department apparatus; or,

(3)

Provide insufficient water supply as required by this Code.

(c)

The order forbidding occupancy or continued construction shall be in writing, specifying whether it is applicable to the entire structure, part of structure, or the property under development. The order shall state the reason for issuance and the conditions under which the structure, part of structure or property may be occupied or construction continued. The order shall be posted on the structure in a conspicuous location and if conveniently possible, shall be given to the owner of the property or his agent and to any other responsible person supervising work on the premises.

(G.O. 43, 2002, § 2)

An owner or occupant who remains aggrieved by the decision issued pursuant to this chapter and the matter involves a rule of the Indiana Fire Prevention and Building Safety Commission, may appeal to such commission as set forth by IC 36-8-17.

(G.O. 43, 2002, § 2)

Any person who shall violate any provision of this chapter or who shall fail to comply with any order issued under this chapter, or who shall fail to comply with or to obtain any permit required hereunder, shall be subject to the penalties prescribed in section 103-3 of this Code. After each ten (10) days a violation continues, it shall constitute an additional violation, provided however that the penalty for any violation shall not exceed two thousand five hundred dollars ($2,500.00).

(G.O. 43, 2002, § 2)

The fire chief, or his designated representative, at any fire, explosion, or other emergency which poses imminent threat to life, environment, or property, shall have the authority to direct operations as may be necessary to control, extinguish, perform special operations, and investigate the existence of hazardous conditions in connection with such fire, explosion, or other emergency, or to take other action reasonably necessary to contain, mitigate, or eliminate the emergency.

(G.O. 43, 2002, § 2)

(a)

The fire chief, the incident commander, or any law enforcement officer may establish emergency lines and limits and barricade or guard from the general public such emergency lines and limits. The fire chief, the incident commander, or law enforcement officer may create an area in which only firefighters, law enforcement officers and those having a direct interest in any property threatened by the fire, explosion, or other emergency, or other people or agencies at the discretion of the incident commander shall be admitted.

(b)

It shall be unlawful for any unauthorized person to cross such emergency lines or limits.

(G.O. 43, 2002, § 2)

It shall be unlawful for a person to do or permit to be done any of the following acts:

(1)

Key box access and fire equipment keys. To make or cause or permit to be made or have in his or her possession any key for any key box emergency access system, fire department equipment, house or building used by the fire department, except upon the written order of the fire chief, or to fail or refuse to surrender possession of any such key upon demand of the fire chief;

(2)

Tampering with fire protection system. To tamper, molest, destroy or remove or in any manner interfere with, damage or disturb any part of the fire protection system, apparatus, equipment or devices in use in the county;

(3)

Injuring fire hose. To drive any motor vehicle or railroad locomotive over any fire hose laid in any street in the vicinity of any fire or while in use for any other purpose, or in any other way interfere with the use of such hose; or,

(4)

Opening fire hydrants. To use or operate any public or private hydrants or valves connected to a water system intended for fire suppression purposes without written permission from the water utility or the servicing fire department. Notwithstanding the provisions of this subsection, employees of the water utility who are authorized, members of the servicing fire department, owners of private fire hydrants, and members of a duly recognized facility fire brigade may operate hydrants and valves as part of their assigned duties.

(G.O. 43, 2002, § 2)

(a)

In the event a set of plans and specifications for fire protection systems, including fire alarm systems, automatic sprinkler systems, standpipe systems, and other special types of fire extinguishing or detecting systems and appurtenances thereto is created, then such documents shall be submitted to the servicing fire department for information purposes. Failure to submit such documents as required by this section shall constitute a violation of the Code.

(b)

For Indianapolis Fire Department inspections of fire protection systems for which plans and specifications are submitted under this section, the fee shall be provided in section 131-502 of the Code.

(G.O. 43, 2002, § 2; G.O. 36, 2006, § 2; G.O. 46, 2012, § 3)

(a)

Except for private dwellings, portable fire extinguishers shall be installed and maintained in all occupancies built and placed in service after January 1, 2002, as set forth in N.F.P.A. Standard No. 10, currently adopted by the Indiana Fire Prevention and Building Safety Commission.

(b)

Notwithstanding other provisions of this chapter, portable fire extinguisher equipment required for Class 1 residential apartment buildings shall be as follows:

(1)

A minimum 2-A, 10BC rated dry chemical extinguisher shall be placed at intervals of seventy-five (75) feet travel distance on each floor level in all common areas of all apartments. The requirements of this paragraph are satisfied if each individual apartment shall have a minimum 1-A, 10BC rated dry chemical extinguisher installed in the unit; and

(2)

Each laundry room and storage area shall have a minimum 2-A, 10BC rated dry chemical extinguisher. Each clubhouse and maintenance building or room shall have a minimum 2-A, 10BC rated dry chemical extinguisher placed at intervals of seventy-five (75) feet travel distance. Notwithstanding the provisions of this subsection, laundry rooms and storage areas contiguous to the common corridors which have proper extinguishers placed at intervals of seventy-five (75) feet travel distance are exempt from this subparagraph.

(G.O. 43, 2002, § 2)

(a)

Portable fire extinguishers which are required by section 591-402 shall be serviced and maintained as set forth in 675 IAC 22-2.2-3 and the most current edition of N.F.P.A. Standard No. 10.

(G.O. 43, 2002, § 2)

Any new installation of kitchen fire suppression equipment shall be inspected by the fire prevention bureau having jurisdiction prior to the kitchen cooking equipment being placed in-service. The installing company shall:

(1)

Use installers that are certified by the manufacturer;

(2)

Notify the fire prevention bureau at least twenty-four (24) hours in advance of the system being completed for system testing; and,

(3)

File with the fire prevention bureau a form stating that the system has been inspected, signed by both the fire prevention inspector and the installation company's representative. This form is to be kept on file in the fire prevention bureau.

(G.O. 43, 2002, § 2)

(a)

All Class 1 structures or portions of Class 1 structures hereafter constructed shall be provided with a water supply capable of providing the required fire flow, for fire-fighting purposes for a minimum period of two (2) hours. The water supply shall be from a source as set forth in Section 903.2 of 675 IAC 22.

(b)

In setting the requirements for fire flow, the fire prevention chief shall use 675 IAC 22, Table A-111-A-1 as a guide. Notwithstanding the provisions of this subsection, a reduction in required fire flow of seventy-five (75) percent is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire flow shall not be less than one thousand (1,000) gpm at twenty (20) psi residual.

(c)

An owner or occupant who seeks a variance from an order issued under this Section 591-405 may file a variance with the Indiana Fire Prevention and Building Safety Commission as set forth in IC 36-8-17.

(G.O. 43, 2002, § 2)

(a)

All private fire hydrants and water mains shall be installed and maintained as set forth in the 1995 edition of N.F.P.A. Standard No. 24. The fire prevention chief in determining location and spacing of hydrants shall use 675 IAC 22, appendix 111-B as a guide.

(b)

The proposed location of private fire hydrants to supply the required fire flow shall be approved by the servicing fire department prior to construction of any Class 1 building.

(c)

Whenever the provisions of this chapter require the installation of a fire hydrant, whether on public or private property, such hydrant shall meet the following specifications:

(1)

It shall be equipped with a five and one-quarter (5¼) inch main valve opening;

(2)

It shall be constructed with two (2) two and one-half (2½) inch hose nozzles, with seven and one-half (7½) national standard threads per inch;

(3)

It shall be equipped with one (1) four and one-half (4½) inch steamer nozzle with six (6) "v" threads per inch;

(4)

It shall be constructed to be opened by turning clockwise a national standard pentagon operating nut;

(5)

The source of water supply shall be buried a minimum of five (5) feet below the ground level at the hydrant; and,

(6)

The hydrant shall be constructed with a break-off feature to prevent the hydrant from leaking when damaged by collision.

(d)

Nonfunctional hydrants shall not be located within twenty (20) feet of any waterline easement.

(e)

All privately owned fire hydrants shall be painted red or yellow.

(f)

Only approved hydrant wrenches shall be used to open or close a fire hydrant.

(G.O. 43, 2002, § 2)

(a)

Fire-protection equipment and fire hydrants shall be clearly identified in a manner approved by the servicing fire department to prevent obstruction by parking and other obstructions.

(b)

Fire access roads shall be identified as fire lanes and the provisions set forth in section 621-502 of this Code shall apply.

(G.O. 43, 2002, § 2)

(a)

When smoke and heat removal equipment are required in buildings hereafter constructed, they shall be installed as set forth in the 675 IAC 22 and 675 IAC 13.

(b)

Prior to the installation of any engineered mechanical smoke removal system, the fire control panel shall be of a design and at a location approved by the servicing fire department.

(G.O. 43, 2002, § 2)

Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots, hereafter constructed or added to, shall provide and maintain fire hydrants and access roads in accordance with 675 IAC 22, sections 902 and 903.

(G.O. 43, 2002, § 2)

(a)

A smoke detector shall be defined for the purposes of this section as a device, which detects visible or invisible products of combustion.

(b)

Each smoke detector shall detect abnormal quantities of smoke that can occur in a dwelling, shall properly operate in the normal environmental conditions of a household, and shall be in compliance with ANSI/UL 268-standard for safety smoke detectors for fire protective signaling systems, or ANSI/UL 217-standard for safety single and multiple station smoke detectors.

(c)

All dwelling units within the county shall be equipped with a minimum of one (1) functional, properly located, labeled and listed smoke detector as described in N.F.P.A. Standard No. 72. Smoke detectors shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms and on each additional story of the family living unit, including basements and excluding crawl spaces and unfinished attics. Family living units with one (1) or more split-levels where there is an intervening door between one (1) level and the adjacent lower level, a smoke detector shall be installed on the lower level. In new construction, a smoke detector also shall be installed in each sleeping room, where more than one (1) smoke detector is required; detectors shall be arranged so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound.

(d)

All equipment shall be installed in accordance with the manufacturer's installation requirements and recommendations. If the method of installation is not specified by the manufacturer, the smoke detector shall be installed on the ceiling at least four (4) inches from the wall or on a wall with the top of the detector not less than four (4) inches nor more than twelve (12) inches below the ceiling. Smoke detectors in roams with ceiling slopes greater than one (1) foot in eight (8) feet horizontally shall be located at the high side of the room.

(e)

Smoke detectors required by 676 IAC 13 or 675 IAC 14 shall have power supply as specified by the respective code. All other residential smoke detectors may be powered by an AC power source or a battery. If the detector is solely AC powered and the manufacturer does not supply installation specifications, it shall be directly attached to a junction box with power supplied either from a dedicated branch circuit or the unswitched portion of a branch circuit also used for power and lighting, such installation shall be in accordance with 675 IAC 17. If the smoke detector is solely powered by a battery, such battery shall be a non-removable, non-replaceable battery capable of powering the smoke detector for a minimum of ten (10) years. For any dwelling unit requiring a non-removable, non-replaceable battery capable of powering the smoke detector for a minimum of ten (10) years as provided in this subsection, it shall satisfy the requirements of this subsection that any non-compliant smoke detector installed in such dwelling unit prior to August 1, 2014, be replaced with a compliant smoke detector at the time such non-compliant smoke detector is replaced for any reason. Smoke detectors and fire alarm devices that are connected to a panel as part of a monitored fire alarm system, or other devices that use a low-power radio frequency wireless communication signal are exempt from the battery requirements of this section.

(f)

Where smoke alarms exist in dwelling units, the warranty for the alarm shall be with the manufacturer.

(g)

It shall be unlawful for any person to tamper with or remove any smoke detector, except when it is necessary for maintenance or inspection purposes. Any smoke detector removed for repair, replacement or local remodeling shall be reinstalled or replaced so that it is in place and operable.

(1)

Rental dwelling units. Each owner or manager or rental agent of the owner is responsible for the installation of required smoke detectors and the repair or replacement of a required smoke detector within two (2) business days after the owner, manager or rental agent is given written notification of the need to repair or replace the smoke detector. Residents shall inspect and test the smoke detectors in accordance with manufacturer's instructions at least monthly.

(2)

Owner dwelling units. Each owner is responsible for the installation of required smoke detectors and the repair or replacement of a required smoke detector within two (2) business days of finding it inoperable. An owner shall inspect and test the smoke detectors for power in accordance with manufacturer's instructions at least monthly.

(h)

A person, company, or corporation violating IC 22-11-18-3, IC 22-11-18-3-5 and provisions of this article shall be subject to penalties as specified in IC 22-11-18-5 and section 103-3 of this Code. Each day such violation is permitted to continue may be deemed to constitute a separate offense, provided however the aggregate penalty for any violation shall not exceed two thousand five hundred dollars ($2,500.00).

(G.O. 43, 2002, § 2; G.O. 17, 2014, § 1)

(a)

Means of egress illumination shall be provided and maintained in accordance with the 676 IAC 13. Means of egress shall be illuminated and exit signs shall be maintained when the building or structure is occupied.

(b)

Any replacement of exit signs in existing buildings or structures or installation of additional exit signs shall meet the requirements of 675 IAC 13.

(c)

Equipment providing emergency power for means of egress illumination and exit signs shall be maintained in an operable condition.

(G.O. 43, 2002, § 2)

(a)

Exit doors shall be readily distinguishable from adjacent construction and shall be easily recognizable as an exit door. Exit doors shall be as set forth in 675 IAC 13.

(b)

Stairway identification signs shall be located at each floor level in all buildings as set forth in 675 IAC 13.

(c)

Instructions for operation of elevators under fire and other emergency conditions shall be as set forth in the Indiana Elevator Safety Code (675 IAC 21).

(G.O. 43, 2002, § 2)

(a)

Obstructions, including storage, shall not be placed in the required width of a means of egress, except projections as allowed by the 675 IAC 13. Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous.

(b)

Whenever an enclosed stairwell in a Class 1 structure can be used as a route of fire exit, the stairway doors shall be equipped so there is unrestricted re-entry from the stair enclosure on all floors.

Exception: Group I occupancies.

ALL Stairway Access Doors above and below grade other than the exit discharge doors shall be permitted to be locked from the stairway side, ONLY if the Stairway doors that are locked from the stairway side are capable of being unlocked, without unlatching, simultaneously;

1.

Upon activation of the automatic sprinkler system or,

2.

Upon activation of the building fire alarm system or,

3.

Upon loss of power controlling the lock mechanism or,

4.

Upon a signal from the fire command center.

Existing locked stairway doors with locking hardware will not require immediate retrofit, but as any change is made to an existing stairway door, hardware, frame and/or jamb, the door lock shall be made compliant with this section. This unlocking requirement also applies to new building projects with a building permit date after enactment of this amendment.

The existing locked stairway doors shall have a label, stencil, or sign affixed to the occupant side of the door, located 54 inches minimum and 66 inches maximum above the finished floor and near the closing edge of the door stating:

THIS DOOR IS LOCKED FROM THE STAIRWAY SIDE, NO RE ENTRY.

The label, stencil or sign shall have plainly legible letters not less than 1" (one inch) high on a contrasting background. Signs larger than this minimum shall have letter widths, strokes and spacing proportionate to their height. The signs will not be required to have special illumination.

If found in Violation, an Order Requiring Compliance will be issued to the manager or building owner and, if different, operator of the building.

(c)

Any member of a police or fire department who shall discover any fire escape or means of egress encumbered or obstructed in any manner shall report such condition to the appropriate fire prevention bureau and the bureau shall immediately notify the owner or occupant to remove such encumbrance or obstacle.

(G.O. 43, 2002, § 2; G.O. 7, 2005, § 1)

Exterior fire escapes shall comply with the requirements as set forth in 675 IAC 22. Certification by a professional engineer licensed in the State of Indiana to show compliance with this section shall be filed with the fire prevention bureau upon order of the fire prevention chief having jurisdiction over the premises.

(G.O. 43, 2002, § 2)

(a)

Fireworks and the temporary storage, use, handling of pyrotechnic special effects material used in motion pictures, television, and theatrical and group entertainment productions shall be in accordance with IC 22-11-14 and 675 IAC 22, Article 78.

(b)

A certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not less than one hundred thousand dollars ($100,000.00) and to property in an amount of not less than one hundred thousand dollars ($100,000.00), by reason of the licensed display, arising from any acts of the licensee, his agents, employees or subcontractors.

(G.O. 43, 2002, § 2)

As used in this division, Halloween amusement means haunted house, house of horrors, or any other activity in which persons are invited, guided, escorted, or otherwise transported through a building or structure or portion of a building or structure, temporary or permanent, for the purposes of entertainment or amusement during the month of October.

(G.O. 43, 2002, § 2)

(a)

No person shall operate a Halloween amusement without first obtaining a permit from the appropriate fire prevention bureau.

(b)

An application for a Halloween amusement permit shall be obtained from the appropriate fire prevention bureau and shall contain the following information.

(1)

The name of the organization sponsoring the amusement;

(2)

The name of person(s) in charge of the amusement operations; and

(3)

The period of time (dates and hours) in, which the amusement will be operated.

(c)

The fee for each permit issued pursuant to this division shall be twenty-five dollars ($25.00) payable to the appropriate fire prevention bureau.

(G.O. 43, 2002, § 2)

(a)

The authorized representative of the fire prevention bureau shall inspect the building or structure and the Halloween amusement as often as may be reasonably necessary for compliance with applicable fire and life safety requirements for its intended occupancy.

(b)

Such inspections shall occur at the start of amusement construction, at permit issuance and during permit period.

(G.O. 43, 2002, § 2)

(a)

A Halloween amusement permit shall be issued only after the appropriate fire prevention bureau has had an opportunity to inspect the subject premises, and has found that the building or structure and amusement conforms with all applicable fire and life safety requirements as set forth in 675 IAC 22 and this Code.

(b)

A permit issued pursuant to this division shall not be transferable, and any change in use or occupancy of premises shall require a new permit.

(G.O. 43, 2002, § 2)

When the appropriate fire prevention bureau shall reject or refuse to grant a permit required by this division, or when it is claimed that provisions of this division or any other provision of this Code relating thereto do not apply, the person may appeal from the decision in writing as set forth in section 591-249 of this Code.

(G.O. 43, 2002, § 2)

Each permit granted under the provisions of this division shall be for such period as indicated on the permit and permit application; however, any such permit shall expire on November first of the year in which it is issued.

(G.O. 43, 2002, § 2)

A permit issued pursuant to this division shall at all times be in a conspicuous place on the premises designated in the permit and shall at all times be subject to inspection by anyone duly authorized by the fire department or Indianapolis metropolitan police department.

(G.O. 43, 2002, § 2; G.O. 110, 2005, § 37; G.O. 47, 2009, § 37)