§ 22-13-2-8.5 — Rules; outdoor event equipment

Indiana § 22-13-2-8.5

• Jurisdiction: Indiana
• Art. 13: FIRE SAFETY, BUILDING, AND EQUIPMENT
• Ch. 2: Rules; Variances; Review of State and Local Rules,

Text

5. (a) The commission shall adopt rules under
IC 4-22-2 for outdoor event equipment at outdoor performances to
protect the safety of persons at the outdoor performances. The
commission may:
(1) exempt small assemblies of outdoor event equipment, as
defined by the commission, from some or all fees or other
requirements that otherwise would apply to outdoor event
equipment under a rule adopted under this section or another
building law; or
(2) establish alternative procedures, fees, or other requirements,
or any combination, for small assemblies of outdoor event
equipment, as defined by the commission.
(b) Subject to this section, a city, town, or county that regulated
outdoor event equipment before March 15, 2012, under an ordinance
adopted before March 15, 2012, may, if the ordinance is in effect on
March 15, 2012, continue to regulate outdoor event equipment under
the ordinance after March 14, 2012, in the same manner that the city,
town, or county applied the ordinance before March 15, 2012.
However, a statewide code of fire safety laws or building laws
governing outdoor event equipment that is adopted by the commission
under this section after March 14, 2012, takes precedence over any part
of a city, town, or county ordinance that is in conflict with the
commission's adopted code. The ordinances to which this section
applies include Chapter 536 of the Revised Code of the Consolidated
City and County Indianapolis/Marion, Indiana Codified through
Ordinance No. 36, 2011, passed August 15, 2011. (Supp. No. 27). A
city, town, or county to which this subsection applies need not be
certified or approved under IC 22-15-3-1 or another law to continue to
regulate outdoor event equipment after March 14, 2012.
(c) This subsection applies to cities, towns, and counties described
in subsection (b) and any other city, town, or county that, after March
14, 2012, adopts an ordinance governing outdoor event equipment that
is approved by the commission or the state building commissioner. The
city, town, or county shall require compliance with:
(1) the rules adopted under this section;
(2) orders issued under IC 22-13-2-11 that grant a variance to the
rules adopted under this section;
(3) orders issued under IC 22-12-7 that apply the rules adopted
under this section; and
(4) a written interpretation of the rules adopted under this section
binding on the unit under IC 22-13-5-3 or IC 22-13-5-4;
on both private and public property located within the boundaries of
the city, town, or county, including, in the case of a consolidated city,
the state fairgrounds. This subsection does not limit the authority of a
unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce building
laws and orders and written interpretations related to building laws.

Legislative History

As added by P.L.92-2012, SEC.5. Amended by P.L.142-2013, SEC.5; P.L.218-2014, SEC.7; P.L.93-2024, SEC.162.