CHAPTER 21.5. SEVERE WEATHER WARNING SIRENS
IC 36-8-21.5
Chapter 21.5. Severe Weather Warning Sirens
IC 36-8-21.5-1
"Department"
Sec. 1. As used in this chapter, "department" refers to:
(1) the department of homeland security established by
IC 10-19-2-1; or
(2) an appropriate division within the department of homeland
security, as determined by the executive director of the
department of homeland security.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-2
"Infrastructure agency"
Sec. 2. As used in this chapter, "infrastructure agency", with
respect to an area in a county, means:
(1) a political subdivision; or
(2) an agency;
responsible for planning for, acquiring, operating, maintaining, or
testing one (1) or more severe weather warning sirens in the area.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-3
"Plan"
Sec. 3. As used in this chapter, "plan" refers to a siren coverage
plan adopted by a county under section 13 of this chapter.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-4
"Planning agency"
Sec. 4. As used in this chapter, "planning agency", with respect to
an area, means:
(1) a unit that has planning and zoning jurisdiction over all or
any part of the area; or
(2) a plan commission that has planning jurisdiction over all or
any part of the area.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-5
"Planned siren"
Sec. 5. As used in this chapter, "planned siren" refers to a siren
that satisfies all of the following:
(1) The siren has a definite location within the county.
(2) The funding for the siren has been identified.
(3) An approximate date for the siren's acquisition and
installation has been determined.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-6
"Report"
Sec. 6. As used in this chapter, "report" refers to a siren coverage
report prepared by a county under section 11 of this chapter.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-7
"Severe weather"
Sec. 7. As used in this chapter, "severe weather" means:
(1) a tornado; or
(2) any other storm, weather condition, or emergency
designated by the department in a rule adopted under section 9
of this chapter.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-8
"Severe weather warning siren"
Sec. 8. As used in this chapter, "severe weather warning siren" or
"siren" means a siren that can be activated within a specified range
to warn residents of an occurrence or imminent threat of severe
weather.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-9
Department to adopt rules concerning severe weather warning
sirens
Sec. 9. Before January 1, 2010, the department shall adopt rules
under IC 4-22-2 to provide for the following:
(1) Minimum technical standards, including a minimum range,
for any siren that is to be acquired and installed in a county
under a county's siren coverage plan.
(2) A specification of any permissible storm, weather condition,
or emergency, other than a tornado, for which a severe weather
warning siren may be activated.
(3) Requirements for any test, activation, or failure rate data
that the department may require a county to submit with respect
to any siren identified by a county in a:
(A) siren coverage report prepared under this chapter; or
(B) siren coverage plan prepared under this chapter.
(4) Any other rules necessary for the department to:
(A) assess the number, location, and condition of existing
severe weather warning sirens in each county in Indiana; and
(B) determine the need for additional sirens in order to
ensure comprehensive severe weather warning siren
coverage for all Indiana residents.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-10
County's siren coverage plan; assistance from department; siren
coverage report
Sec. 10. (a) At the request of the county legislative body, the
department shall assist the county in development of a siren coverage
plan for the county.
(b) In developing a siren coverage plan for a county, the
department may require the county to develop a siren coverage
report.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-11
Siren coverage report; required information; public hearings;
adoption
Sec. 11. (a) Except for the recommendation required by
subsection (b)(3), the county legislative body may designate one (1)
or more:
(1) infrastructure agencies; or
(2) other departments, divisions, or agencies;
to prepare a siren coverage report.
(b) A siren coverage report must include the following:
(1) A description of all existing and planned severe weather
warning sirens in the county as of the date of the report. For
each severe weather warning siren identified, the following
information must be included:
(A) The location of the siren within the county, including an
identification of any political subdivision in which the siren
is or will be located. The information provided under this
clause must include a map depicting the location of each
siren within the county.
(B) The following technical and other specifications for the
siren:
(i) The manufacturer and model year.
(ii) For an existing siren, the date of installation.
(iii) For a planned siren, the planned dates for installation
and first operation.
(iv) The range of the siren, identified in miles or some
other appropriate measure of distance.
(v) The number of persons living within the range
identified under item (iv), as determined by the most
recent federal census block data available.
(vi) For an existing siren, siren activation data for the most
recent twelve (12) month period, including the date of
each activation and whether the siren was activated for
testing purposes or for an actual severe weather event. If
an existing siren has been in operation for less than twelve
(12) months, the data required by this item must cover all
activations occurring since the date the siren first came
online.
(vii) For an existing siren, the siren's failure rate, as
determined from the data reported under item (vi).
(2) An identification of the areas in the county that are not
within the range of an existing or a planned siren. For each area
identified under this subdivision, the following information
must be included:
(A) The number of persons living in the area, as determined
by the most recent federal census block data available.
(B) Any development planned for the area, as determined
through consultation with all appropriate planning agencies.
The information required by this clause must include:
(i) the type of development proposed;
(ii) the number of new dwelling units or other buildings
proposed; and
(iii) the status of the proposal, including the status of any
needed permits or approvals.
(3) Subject to subsection (e), a recommendation by the county
legislative body as to the county's need for any additional
sirens, other than those sirens identified as planned sirens under
subdivision (1). The county legislative body may recommend
under this subdivision additional sirens to provide coverage for:
(A) any of the areas identified under subdivision (2) as not
within the range of an existing or a planned siren; or
(B) any area identified under subdivision (1) as within the
range of an existing siren, if the county legislative body
determines that the existing siren does not provide consistent
or adequate coverage for the area, based on the existing
siren's failure rate, as determined under subdivision
(1)(B)(vii).
(c) In making a recommendation under subsection (b)(3), the
county legislative body:
(1) may consult with the department; and
(2) shall consult with each:
(A) infrastructure agency; and
(B) planning agency;
with jurisdiction in an area identified by the county legislative
body as needing one (1) or more sirens.
(d) Before adopting the siren coverage report prepared under this
section, the county legislative body must do the following:
(1) Give notice of and hold at least one (1) public hearing on the
report.
(2) Publish, in accordance with IC 5-3-1, a schedule stating the
time and place of each hearing. The schedule must also state
where the entire report is on file and may be examined in its
entirety for at least ten (10) days before the hearing.
(e) After considering any comments made at the hearing required
by subsection (d), the county legislative body shall:
(1) adopt the report:
(A) as originally proposed; or
(B) as modified by the county legislative body after the
hearing required by subsection (d); and
(2) submit the report to the department.
As added by P.L.89-2008, SEC.1.
IC 36-8-21.5-12
Department's review of report; recommendations
Sec. 12. The department shall do the following not later than six
(6) months after a county submits a report under section 11 of this
chapter:
(1) Review the siren coverage report.
(2) Make any recommendations to the county that the
department determines to be necessary to ensure comprehensive
severe weather warning siren coverage for all residents of the
county.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.171.
IC 36-8-21.5-13
County's siren coverage plan; required information; public
hearings; adoption; effective date
Sec. 13. (a) A county's siren coverage plan must contain the
following information:
(1) The information included in the county's siren coverage
report under section 11 of this chapter, including the following:
(A) Information concerning any areas in the county that are
not within the range of an existing or a planned siren, as:
(i) identified by the county in its siren coverage report; and
(ii) updated or revised by the county as needed to provide
an accurate and current assessment of the county's existing
and planned sirens and need for additional sirens.
(B) Information concerning any areas in the county that are
within the range of an existing siren if the department has
determined that the existing siren does not provide
consistent or adequate coverage for the area. As necessary,
the county shall update the information provided under this
clause as follows:
(i) To include any additional existing sirens that the
county legislative body has determined do not provide
consistent or adequate coverage for an area. The county
shall provide the test, activation, or failure rate data to
support its determination as may be required by a rule
adopted by the department under this chapter.
(ii) To exclude any siren that the department has
determined does not provide consistent or adequate
coverage for an area. The county shall provide such proof
as may be required by a rule adopted by the department
under this chapter that the siren has been repaired or
replaced.
(C) Any additional or revised information that:
(i) was not included in the county's siren coverage report;
and
(ii) is necessary to provide an accurate and current
assessment of the county's existing and planned sirens and
need for additional sirens.
(2) An estimate of the nature and location of development that
is expected to occur in each area identified under subdivision
(1) during the ten (10) years immediately following the date of
the adoption of the plan.
(3) An estimate of the type, location, and cost of the siren or
sirens that are necessary to provide complete siren coverage for
the areas identified under subdivision (1). The plan must
indicate:
(A) the proposed timing and sequencing of the acquisition
and installation of each siren; and
(B) the infrastructure agency that is responsible for acquiring
and providing for the installation of each siren.
(4) A general description of the sources and amounts of money
used to pay for any sirens installed in the county during the five
(5) years immediately preceding the date of the plan.
(b) For each area in which the plan provides for the acquisition
and installation of a siren, the plan must:
(1) provide for the acquisition and installation within the ten
(10) years immediately following the date of the plan's
adoption; and
(2) identify the revenue sources and estimate the amount of the
revenue sources that the county intends to use to acquire and
install the sirens identified under subsection (a)(3).
(c) In preparing, or causing to be prepared, the plan required by
this section, the county:
(1) may consult with:
(A) the department; or
(B) a qualified engineer licensed to perform engineering
services in Indiana; and
(2) shall consult with each:
(A) infrastructure agency; and
(B) planning agency;
with jurisdiction in an area described in subsection (a)(1).
(d) Before adopting the siren coverage plan prepared under this
section, the county legislative body must do the following:
(1) Give notice of and hold at least one (1) public hearing on the
plan.
(2) Publish, in accordance with IC 5-3-1, a schedule stating the
time and place of each hearing. The schedule must also state
where the entire plan is on file and may be examined in its
entirety for at least ten (10) days before the hearing.
(e) After considering any comments made at the hearing required
by subsection (d), the county legislative body shall:
(1) adopt the plan:
(A) as originally proposed; or
(B) as modified by the county legislative body after the
hearing required by subsection (d); and
(2) submit the plan to the department.
(f) A siren coverage plan adopted under this section takes effect
on January 1 after its adoption. Each unit having planning and zoning
jurisdiction in an area described in subsection (a)(1) shall incorporate
the siren coverage plan as part of the unit's comprehensive plan and
capital improvement plan, as appropriate.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.172.
IC 36-8-21.5-14
Department to assist in implementing plan
Sec. 14. The department shall assist a county that adopts a siren
coverage plan to do the following:
(1) Implement the plan.
(2) Obtain federal and other grants to enable the county to
implement the plan.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.173.