CHAPTER 17. FIRE SAFETY INSPECTIONS; ARSON INVESTIGATIONS
IC 36-8-17
Chapter 17. Fire Safety Inspections; Arson Investigations
IC 36-8-17-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the fire
prevention and building safety commission.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-2
"Fire department" defined
Sec. 2. As used in this chapter, "fire department" means a paid fire
department or a volunteer fire department that renders fire prevention
or fire protection services to a political subdivision.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999,
SEC.103.
IC 36-8-17-3
"Fire safety law" defined
Sec. 3. As used in this chapter, "fire safety law" means any law,
including rules and orders of the commission, safeguarding life or
property from the hazards of fire or explosion.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-4
"Division" defined
Sec. 4. As used in this chapter, "division" refers to the division of
fire and building safety.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,
SEC.576.
IC 36-8-17-5
Compliance with order directing fire department to assist division
of fire and building safety
Sec. 5. (a) The fire chief and the designees of the fire chief in
every fire department are assistants to the state fire marshal.
(b) A fire department shall comply with an order issued by the
division under IC 22-14-2-4 that directs the fire department to assist
the division.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,
SEC.577.
IC 36-8-17-6
Enforcement of fire safety laws
Sec. 6. A fire department may enforce under this chapter any fire
safety law that is applicable to the jurisdiction served by the fire
department.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-7
Fire investigations; notice of crime; report; powers of fire
department; subpoenas; discovery orders
Sec. 7. (a) A fire department shall investigate and determine the
causes and circumstances surrounding each fire occurring within the
territory served by the fire department. The fire department shall
begin the investigation when the fire occurs. The fire department
shall immediately notify the division if the fire chief believes that a
crime may have been committed and shall submit a written report to
the division concerning every investigation at the end of each month.
The fire department shall submit the report on the form prescribed by
the division and shall include the following information in the report:
(1) A statement of the facts relating to the cause and origin of
the fire.
(2) The extent of damage caused by the fire.
(3) The amount of insurance on the property affected by the
fire.
(4) Other information required in the commission's rules.
(b) To carry out this section, a fire department may:
(1) enter and inspect any real or personal property at a
reasonable hour;
(2) cooperate with the prosecuting attorney and assist the
prosecuting attorney with any criminal investigation;
(3) request that the office subpoena witnesses under
IC 22-14-2-8 or order the production of books, documents, and
other papers;
(4) give oaths and affirmations;
(5) take depositions and conduct hearings; and
(6) separate witnesses and otherwise regulate the course of
proceedings.
(c) Subpoenas, discovery orders, and protective orders issued
under this section shall be enforced under IC 4-21.5-6-2.
As added by P.L.245-1987, SEC.21. Amended by P.L.222-1989,
SEC.19; P.L.1-2006, SEC.578.
IC 36-8-17-8
Inspection program; reports
Sec. 8. (a) A fire department serving an area that does not include
a city may engage in an inspection program to promote compliance
with fire safety laws. Upon the request of an owner or a primary
lessee who resides in a private dwelling, the fire department may
inspect the interior of the private dwelling to determine compliance
with IC 22-11-18-3.5. The fire department shall maintain a written
report for each inspection. These reports shall be made available to
the division upon request.
(b) The fire department serving an area that includes a city shall
inspect every place and public way within the jurisdiction of the city,
except the interiors of private dwellings, for compliance with the fire
safety laws. Upon the request of an owner or a primary lessee who
resides in a private dwelling, the fire department may inspect the
interior of the private dwelling to determine compliance with
IC 22-11-18-3.5. Except as otherwise provided in the rules adopted
by the commission, the fire chief of the fire department shall specify
the schedule under which places and public ways are inspected and
may exclude a class of places or public ways from inspection under
this section, if the fire chief determines that the public interest will
be served without inspection. The fire department shall maintain a
written report for each inspection. The fire department shall submit
monthly reports to the division, on forms prescribed by the division,
containing the following information:
(1) The total number of inspections made.
(2) The total number of defects found, classified as required by
the office.
(3) The total number of orders issued for correction of each
class of defect.
(4) The total number of orders complied with.
(c) A volunteer fire department may carry out inspections under
this section only through an individual who is certified under
IC 22-14-2-6(c).
As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999,
SEC.104; P.L.1-2006, SEC.579; P.L.17-2008, SEC.6.
IC 36-8-17-9
Orders to cease and correct violations; emergency or temporary
orders
Sec. 9. (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
division 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 division 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.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,
SEC.580.
IC 36-8-17-10
Informal review of order; time to appeal; modification or reversal
of order
Sec. 10. (a) The division shall give a person who:
(1) is aggrieved by an order issued under section 9 of this
chapter; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the division.
Review under this subsection does not suspend the running of the
time period in which a person must petition under IC 4-21.5-3-7 to
appeal the order.
(b) The division may, on its own initiative or at the request of any
person, modify or reverse an order issued under section 9 of this
chapter.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,
SEC.581.
IC 36-8-17-11
Appeal of orders; administrative proceedings
Sec. 11. (a) An order issued under section 9 or 10 of this chapter
may be appealed to the commission under IC 4-21.5-3-7. A decision
to deny a request to modify or reverse an order issued under section
10 of this chapter is not appealable.
(b) If an order issued under section 9 or 10 of this chapter is
appealed, the commission or its designee shall conduct all
administrative proceedings under IC 4-21.5. In its proceedings, the
commission may modify or reverse the order.
As added by P.L.245-1987, SEC.21.
IC 36-8-17-12
Enforcement of orders
Sec. 12. The division may enforce an order issued under this
chapter under IC 4-21.5-6.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006,
SEC.582.
IC 36-8-17-13
Rules to implement chapter
Sec. 13. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
As added by P.L.245-1987, SEC.21.