CHAPTER 18. SMOKE DETECTION DEVICES
IC 22-11-18
Chapter 18. Smoke Detection Devices
IC 22-11-18-1
Definitions
Sec. 1. As used in this chapter:
"Bodily injury" has the meaning set forth in IC 35-41-1-4.
"Dwelling" means a residence with at least one (1) dwelling unit
as set forth in IC 22-12-1-4(a)(1)(B) and IC 22-12-1-5(a)(1).
"Hotels and motels" means buildings or structures kept,
maintained, used, advertised, or held out to the public as inns or
places where sleeping accommodations are furnished for hire for
transient guests.
"Landlord" has the meaning set forth in IC 32-31-3-3.
"Owner" means a person having control or custody of any
building covered by this chapter.
"Person" means an individual, corporation, partnership,
association, or other legal entity.
"Rental premises" has the meaning set forth in IC 32-31-7-3.
"Rental unit" has the meaning set forth in IC 32-31-3-8.
"Smoke detector" means a device which senses visible or invisible
particles of combustion and conforms to the minimum standards for
type, components, and maintenance prescribed by the National Fire
Protection Association.
"Seasonally occupied dwellings" means hotels and motels open
to the public for occupancy by guests only during any period of time
between April 15 and October 15 each year.
"Single level dwellings" means all single level (no more than one
(1) level above ground) hotels and motels that have no interior
corridors, and whose individual rooms have exterior exits.
"Tenant" has the meaning set forth in IC 32-31-3-10.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.237-1983,
SEC.2; P.L.176-1991, SEC.1; P.L.17-2008, SEC.1.
IC 22-11-18-2
Application of chapter; exemption
Sec. 2. (a) This chapter applies to all hotels, motels, and
dwellings.
(b) A totally sprinkled building (conforming to Uniform Building
Code standards at the time of construction) is exempt from the
requirements of this chapter.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.176-1991,
SEC.2.
IC 22-11-18-3
Hotels and motels; installation of smoke detectors
Sec. 3. (a) This section only applies to hotels and motels.
(b) All hotels and motels must have functional smoke detectors.
(c) Except as provided in subsection (f), a detector must be
installed in all interior corridors adjacent to sleeping rooms and must
be spaced no farther apart than thirty (30) feet on center, or more
than fifteen (15) feet from any wall.
(d) The detectors must be hard wired into a building's electrical
system, except as provided in subsection (f).
(e) The detectors must be wired in a manner that activates all the
devices in a corridor when one (1) is activated, except as provided in
subsection (f).
(f) All single level dwellings, all seasonably occupied dwellings,
and all hotels and motels with twelve (12) sleeping rooms or less
(and containing no interior corridors) are exempt from the
requirements of subsections (c), (d), and (e). In all such units:
(1) a detector must be installed in each sleeping room; and
(2) the detector may be battery operated.
If a battery operated detector is installed, it must contain a tamper
resistant cover to protect the batteries. The fire marshal shall adopt
rules detailing the specifications for the tamper resistant cover. If a
battery operated detector is not installed, the detector must be hard
wired into a building's electrical system.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.237-1983,
SEC.3; P.L.176-1991, SEC.3.
IC 22-11-18-3.5
Dwellings; installation of smoke detectors
Sec. 3.5. (a) This section only applies to dwellings.
(b) A rule or an ordinance is not voided or limited by this section
if the rule or ordinance:
(1) applies to an occupied dwelling; and
(2) is at least as stringent as the requirements of this section.
(c) A dwelling must have at least one (1) functional smoke
detector installed as follows:
(1) According to the manufacturer's instructions.
(2) Outside of each sleeping area in the immediate vicinity of
the bedrooms.
(3) On the ceiling or a wall not less than four (4) inches or more
than twelve (12) inches from the ceiling. However, a smoke
detector may not be recessed into a ceiling.
(4) On each additional story of the dwelling, including
basements, cellars, and habitable attics. Unless there is a door
between levels in dwellings with split levels, a smoke detector
must be installed only on the upper level if the lower level is
less than one (1) full story below the upper level.
(d) All smoke detectors must be:
(1) battery operated or hard wired into the dwelling's electrical
system;
(2) accessible for servicing and testing; and
(3) maintained and at least one (1) time every six (6) months
tested by the occupant to ensure that the smoke detector is in
operational condition.
(e) Each owner or the manager or rental agent of the owner is
responsible for:
(1) the installation of a required smoke detector; and
(2) the replacement and repair of a required smoke detector
within seven (7) working days after the owner, manager, or
rental agent is given written notification of the need to replace
or repair the smoke detector.
(f) A person may not tamper with or remove a smoke detector
except when necessary for maintenance purposes.
(g) A unit (as defined in IC 36-1-2-23) may adopt an ordinance
concerning dwellings that:
(1) includes more stringent or detailed requirements than those
set forth in this chapter; and
(2) does not conflict with this chapter.
As added by P.L.176-1991, SEC.4.
IC 22-11-18-3.6
Violations; effect on claims
Sec. 3.6. A violation of section 3.5 of this chapter does not
constitute grounds for a reduction or denial of a claim under an
insurance policy even if the policy contains terms to the contrary.
As added by P.L.176-1991, SEC.5.
IC 22-11-18-4
Compliance with other laws, ordinances, rules, or regulations
Sec. 4. Compliance with this chapter does not relieve the owner
from the requirements of any other applicable law, ordinance, rule,
or regulation.
As added by Acts 1982, P.L.141, SEC.1.
IC 22-11-18-5
Violations; offenses
Sec. 5. (a) An owner of a hotel or motel who violates this chapter
commits a Class A infraction, except as provided by subsection (b).
(b) An owner of a hotel or motel commits a Class D felony if:
(1) the owner knowingly or intentionally violates section 3 of
this chapter; and
(2) bodily injury or loss of life occurs as a result of a fire in the
building.
(c) Except as provided in section 5.5 of this chapter, a person who
violates section 3.5 of this chapter commits a Class D infraction.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.311-1983,
SEC.42; P.L.176-1991, SEC.6; P.L.17-2008, SEC.2.
IC 22-11-18-5.5
Violation by landlord; offenses
Sec. 5.5. A landlord who violates section 3.5 of this chapter:
(1) at the time the landlord delivers a rental unit to a tenant; or
(2) if the smoke detector is hard wired into the rental unit's
electrical system, by failing to repair or replace the inoperable
smoke detector not later than seven (7) days after receiving
written notice by certified mail, return receipt requested, of the
need to repair or replace the inoperable smoke detector under
section 3.5(e)(2) of this chapter;
commits a Class B infraction. However, the offense is a Class A
infraction if the landlord has a prior violation for an offense under
this section.
As added by P.L.17-2008, SEC.3.
IC 22-11-18-6
Inspections to determine compliance
Sec. 6. (a) The state fire marshal's office shall, as part of its
normal inspection process, conduct inspections of hotels and motels
to determine if the detectors are installed and functioning in
compliance with this chapter.
(b) Except for common areas shared by at least three (3)
dwellings, a dwelling may not be inspected solely to determine
compliance with section 3.5 of this chapter unless the owner or
occupant of the dwelling gives permission.
(c) Any evidence of a violation of this chapter shall be turned over
to the prosecuting attorney of the county where the violation
occurred.
As added by Acts 1982, P.L.141, SEC.1. Amended by P.L.176-1991,
SEC.7.