§ 36-8-17-9 — Orders to cease and correct violations; emergency or temporary orders

Indiana § 36-8-17-9

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 17: Fire Safety Inspections; Arson Investigations

Text

(a) A fire department may issue orders under
IC 4-21.5-3-6 to require a person to cease and correct a violation of the
fire safety laws. The order must grant a reasonable time in which to
correct a violation of law covered by the order.
(b) A fire department may issue an emergency or temporary order
under IC 4-21.5-4 if the fire department determines that conduct or a
condition of property:
(1) presents a clear and immediate hazard of death or serious
bodily injury to any person other than a trespasser;
(2) is 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 and the license has not been issued; or
(3) will conceal a violation of law.
(c) An emergency or other temporary order issued under subsection
(b) must be approved by the state fire marshal. The approval may be
communicated orally to the fire department. However, the department
shall maintain a written record of the approval.
(d) An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the
following, singly or in combination:
(1) Require a person who has taken a substantial step toward
violating a fire safety law or has violated a fire safety law to cease
and correct the violation.
(2) Require a person who has control over property that is
affected by a violation to take reasonable steps to:
(A) protect persons and property from the hazards of the
violation; and
(B) correct the violation.
(3) Require persons to leave an area that is affected by a violation
and prohibit persons from entering the area until the violation is
corrected.

Legislative History

As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.580; P.L.187-2021, SEC.150.