Sec. 5.5. The commission's program for review of adopted ordinances and other regulations of political subdivisions submitted for approval by the commission under section 5 of this chapter shall be conducted by the commission staff as follows:
(1) A request may be made to the commission for preliminary staff review at any time. The results of the staff review must be furnished to the requester within a reasonable time.
(2) A submission by a political subdivision for approval of an ordinance or other regulation by the commission shall be made in hard copy or electronic form acceptable to the commission. The staff shall place the submission on the agenda for the first commission meeting scheduled later than five (5) working days after the receipt of the submission. An opportunity for public testimony may be afforded at the meeting of the commission. If the commission does not issue an order approving or denying the ordinance or other regulation at the first commission meeting, or at any of the next three (3) commission meetings, the ordinance or other regulation is automatically approved and effective without an order of the commission.
(3) A member of the commission may submit an adopted ordinance or other regulation to the commission for review under subdivisions (1) and (2) if the political subdivision did not submit the adopted ordinance or other regulation within thirty (30) days of adoption by the political subdivision as required by section 5(b) of this chapter.
(4) The commission's order regarding the ordinance or other regulation shall be issued following the requirements set forth under IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the commission's order shall be deemed merely to have been a preliminary determination.
(5) One (1) copy of each approved ordinance or other regulation, endorsed by the chair of the commission, shall be returned to the political subdivision or, if the submission was made by a member of the commission, to the member, with the order approving the ordinance or other regulation.
(6) If the commission denies an ordinance or other regulation, the commission's denial must specify the defects in the ordinance or other regulation that are the basis for the denial. The defects referred to in the commission's denial must include a citation to specific provisions of the state fire safety laws and the state building laws that are the basis for the denial.
As added by P.L.101-2015, SEC.2. Amended by P.L.72-2018, SEC.13.
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