Sec. 3. (a) Except to the extent provided in subsection (c), the rules adopted under section 2 of this chapter take precedence over:
(1) any rule adopted by a state agency that conflicts with the commission's fire safety rules or building rules; and
(2) any ordinance or other regulation adopted by a political subdivision that covers the same subject matter as the commission's fire safety rules or building rules.
(b) State agencies and political subdivisions may incorporate the rules adopted by the commission by reference into a rule, ordinance, or other regulation. Notwithstanding IC 4-22-9-6, a reference to the rules adopted by the commission, by citation to the Indiana Administrative Code (IAC), shall be construed to include all amendments as of the date that the reference is written and any later amendments to that provision, unless accompanied by a reference to a specific edition or supplement to the Indiana Administrative Code.
(c) Except as provided in section 3.5 of this chapter, a city, town, or county may adopt an ordinance that includes more stringent or detailed requirements that do not conflict with the commission's rules, but the ordinance is subject to approval under section 5 of this chapter.
As added by P.L.245-1987, SEC.2. Amended by P.L.104-2018, SEC.4.
Structure Indiana Code
Article 13. Fire Safety, Building, and Equipment Laws: Rules
22-13-2-1. State Agencies and Political Subdivisions to Exercise Statutory Powers
22-13-2-2. Statewide Code of Fire and Safety Building Laws; National Code Adoption
22-13-2-2.5. Statewide Residential Code Adoption
22-13-2-3. Precedence of Rules Adopted by Commission; Reference to Rules; Ordinances
22-13-2-3.5. Rules Requiring the Installation of Automatic Fire Sprinkler Systems Prohibited
22-13-2-4. Duplication, Conflict, or Overlapping of Responsibility Between Rules
22-13-2-4.1. Plan Reviews by Both State and Local Agencies
22-13-2-5. Commission Review of Ordinances or Regulations; Approval
22-13-2-5.5. Procedure for Review of Ordinances or Regulations
22-13-2-7. Review of Variances and Orders of State Agencies or Political Subdivisions
22-13-2-8. Equipment Law Rules
22-13-2-8.5. Rules; Outdoor Event Equipment
22-13-2-9. Power of Political Subdivisions to Regulate; Limitation
22-13-2-10. Lifting Devices; Regulation by County, City, or Town; Permits; Inspections
22-13-2-11.5. Incorporation of Nfpa 72 Into the Indiana Administrative Code
22-13-2-13. Exercise of Power to Adopt Rules by Commission