Bill Text: IN HB1069 | 2013 | Regular Session | Introduced
Bill Title: Outdoor event equipment.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 142 [HB1069 Detail]
Download: Indiana-2013-HB1069-Introduced.html
Citations Affected: IC 10-19-3-7; IC 22-12-1; IC 22-13-2-8.5.
Synopsis: Outdoor event equipment. Changes references to "outdoor
stage equipment" to "outdoor event equipment". Makes permanent
temporary statutes that authorize the fire prevention and building safety
commission (commission) to adopt rules to regulate as a Class 1
structure outdoor event equipment used in connection with an outdoor
performance. (Under current law, the statutes expire on January 1,
2014.) Provides that temporary rules adopted by the commission
governing outdoor event equipment at outdoor performances expire on
or before January 1, 2016. (Under current law, the rules expire on or
before January 1, 2014.) Provides that the executive director of the
Indiana department of homeland security may adopt rules governing
emergency action plans or emergency response plans for outdoor
performances where outdoor event equipment is used. (The introduced
version of this bill was prepared by the outdoor stage equipment safety
committee.)
Effective: Upon passage.
January 7, 2013, read first time and referred to Committee on Veterans Affairs and Public
Safety.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
(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.
(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.
(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
(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:
(1) the structure; or
(2) mechanical or electrical equipment located within and affixed
to the structure.
(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.
(1) exempt small assemblies of outdoor
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.