Bill Text: IN HB1069 | 2013 | Regular Session | Enrolled

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Bill Title: Outdoor event equipment.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-13 - Public Law 142 [HB1069 Detail]

Download: Indiana-2013-HB1069-Enrolled.html

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First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    HOUSE ENROLLED ACT No. 1069

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     AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-19-3-7; (13)HE1069.1.1. -->

    SECTION 1. IC 10-19-3-7, AS ADDED BY P.L.22-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in this section, for purposes of IC 4-22-2, the executive director is the authority that adopts rules for the department.
    (b) The Indiana emergency medical services commission is the authority that adopts rules under IC 16-31.
    (c) Except as provided in subsection (e) or (f), the fire prevention and building safety commission is the authority that adopts rules under any of the following:
        (1) IC 22-11.
        (2) IC 22-12.
        (3) IC 22-13.
        (4) IC 22-14.
        (5) IC 22-15.
    (d) The board of firefighting personnel standards and education is the authority that adopts rules under IC 22-14-2-7(c)(7) and IC 36-8-10.5.
    (e) The boiler and pressure vessel rules board established by IC 22-12-4-1 is the authority that adopts:
        (1) emergency rules under IC 22-13-2-8(c); and
        (2) rules under IC 22-15-6.

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    (f) The regulated amusement device safety board established by IC 22-12-4.5-2 is the authority that adopts rules under IC 22-15-7.
     (g) The executive director may adopt rules governing:
        (1) emergency action plans; or
        (2) emergency response plans;
for outdoor performances (as defined in IC 22-12-1-17.5) where outdoor event equipment (as defined in IC 22-12-1-17.7) is used.

SOURCE: IC 22-12-1-4; (13)HE1069.1.2. -->     SECTION 2. IC 22-12-1-4, AS AMENDED BY P.L.92-2012, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) "Class 1 structure" means any part of the following:
        (1) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following:
            (A) The public.
            (B) Three (3) or more tenants.
            (C) One (1) or more persons who act as the employees of another.
        (2) A site improvement affecting access by persons with physical disabilities to a building or structure described in subdivision (1).
        (3) Outdoor stage event equipment. This subdivision expires January 1, 2014.
        (4) Any class of buildings or structures that the commission determines by rules to affect a building or structure described in subdivision (1), except buildings or structures described in subsections (c) through (f).
    (b) Subsection (a)(1) includes a structure that contains three (3) or more condominium units (as defined in IC 32-25-2-9) or other units that:
        (1) are intended to be or are used or leased by the owner of the unit; and
        (2) are not completely separated from each other by an unimproved space.
    (c) Subsection (a)(1) does not include a building or structure that:
        (1) is intended to be or is used only for an agricultural purpose on the land where it is located; and
        (2) is not used for retail trade or is a stand used for retail sales of farm produce for eight (8) or less consecutive months in a calendar year.
    (d) Subsection (a)(1) does not include a Class 2 structure.
    (e) Subsection (a)(1) does not include a vehicular bridge.
    (f) Subsection (a)(1) does not include a structure that is intended to be or is occupied solely to provide periodic maintenance or repair of:

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        (1) the structure; or
        (2) mechanical or electrical equipment located within and affixed to the structure.

SOURCE: IC 22-12-1-17.5; (13)HE1069.1.3. -->     SECTION 3. IC 22-12-1-17.5, AS ADDED BY P.L.92-2012, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17.5. (a) "Outdoor performance", as the term applies to outdoor stage event equipment, means:
        (1) a movie or show;
        (2) an exhibit;
        (3) a concert;
        (4) a performance of dance;
        (5) a musical, dramatic, or comedy performance;
        (6) a sporting or athletic match, exhibition, or contest; or
        (7) another amusement or entertainment;
conducted outside another temporary or permanent Class 1 structure that provides reasonable protection from severe weather, as determined under the rules adopted by the commission, regardless of whether the location qualifies as a regulated place of amusement or entertainment. at a location for which an amusement and entertainment permit is required under IC 22-14-3.
    (b) This section expires January 1, 2014.

SOURCE: IC 22-12-1-17.7; (13)HE1069.1.4. -->     SECTION 4. IC 22-12-1-17.7, AS ADDED BY P.L.92-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17.7. (a) "Outdoor stage event equipment" means any temporary or permanent towers, booms, ramps, platforms, overhead assemblies, or other structures, including ancillary rigging, that are used or are intended to be used in connection with an outdoor performance and that are not otherwise attached or anchored to, or otherwise a part of, another Class 1 structure.
    (b) This section expires January 1, 2014.

SOURCE: IC 22-13-2-8.5; (13)HE1069.1.5. -->     SECTION 5. IC 22-13-2-8.5, AS ADDED BY P.L.92-2012, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.5. (a) The commission shall adopt rules under IC 4-22-2 for outdoor stage event equipment at outdoor performances to protect the safety of persons at the outdoor performances. The commission may:
        (1) exempt small assemblies of outdoor stage event equipment, as defined by the commission, from some or all fees or other requirements that otherwise would apply to outdoor stage event equipment under a rule adopted under this section or another building law; or
        (2) establish alternative procedures, fees, or other requirements,

or any combination, for small assemblies of outdoor stage event equipment, as defined by the commission.
    (b) The commission may adopt temporary rules in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1 to carry out subsection (a), including temporary rules concerning a schedule of fees for design releases or inspections, or both. A temporary rule adopted under this subsection expires on the earliest of the following:
        (1) The date specified in the temporary rule.
        (2) The date another temporary rule adopted under this subsection or a rule adopted under IC 4-22-2 supersedes or repeals the previously adopted temporary rule.
        (3) January 1, 2014. 2016.
    (c) Subject to this section, a city, town, or county that regulated outdoor stage event equipment before March 15, 2012, under an ordinance adopted before March 15, 2012, may, if the ordinance is in effect on March 15, 2012, continue to regulate outdoor stage event equipment under the ordinance after March 14, 2012, in the same manner that the city, town, or county applied the ordinance before March 15, 2012. However, a statewide code of fire safety laws or building laws governing outdoor stage event equipment that is adopted by the commission under this section after March 14, 2012, takes precedence over any part of a city, town, or county ordinance that is in conflict with the commission's adopted code. The ordinances to which this section applies include Chapter 536 of the Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana Codified through Ordinance No. 36, 2011, passed August 15, 2011. (Supp. No. 27). A city, town, or county to which this subsection applies need not be certified or approved under IC 22-15-3-1 or another law to continue to regulate outdoor stage event equipment after March 14, 2012.
    (d) This subsection applies to cities, towns, and counties described in subsection (c) and any other city, town, or county that, after March 14, 2012, adopts an ordinance governing outdoor stage event equipment that is approved by the commission or a building law compliance officer. The city, town, or county shall require compliance with:
        (1) the rules adopted under this section;
        (2) orders issued under IC 22-13-2-11 that grant a variance to the rules adopted under this section;
        (3) orders issued under IC 22-12-7 that apply the rules adopted under this section; and
        (4) a written interpretation of the rules adopted under this section

binding on the unit under IC 22-13-5-3 or IC 22-13-5-4;
on both private and public property located within the boundaries of the city, town, or county, including, in the case of a consolidated city, the state fairgrounds. This subsection does not limit the authority of a unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce building laws and orders and written interpretations related to building laws.
    (e) This section expires January 1, 2014.

SOURCE: ; (13)HE1069.1.6. -->     SECTION 6. An emergency is declared for this act.

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HEA 1069 _ Concur

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