Bill Text: IN HB1095 | 2012 | Regular Session | Introduced
Bill Title: Regulation of outdoor stage equipment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1095 Detail]
Download: Indiana-2012-HB1095-Introduced.html
Citations Affected: IC 22-12; IC 22-13-2; IC 22-15-8.
Synopsis: Regulation of outdoor stage equipment. Prohibits the use of
outdoor stage equipment for an outdoor performance without a permit
issued by the division of fire and building safety or a county, city, or
town acting under a regulatory program approved by the fire prevention
and building safety commission. Provides for the establishment of
standards for, and the inspection of, outdoor stage equipment by the
fire prevention and building safety commission.
Effective: Upon passage.
January 4, 2012, read first time and referred to Committee on Veterans Affairs and Public
Safety.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(1) Erection or assembly of outdoor stage equipment at an outdoor location where the outdoor stage equipment is intended to be or is used for an outdoor performance.
(2) Work undertaken to alter outdoor stage equipment or add outdoor stage equipment at an outdoor location where the outdoor stage equipment is intended to be or is used for an outdoor performance.
(3) Work undertaken to relocate any part of an assembly of outdoor stage equipment at an outdoor location where the outdoor stage equipment is intended to be or is used for an outdoor performance.
(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 a permanent Class 1 structure or Class 2 structure that provides reasonable protection from severe weather, as determined under the rules adopted by the commission.
(1) stage; and
(2) auxiliary towers, booms, ramps, platforms, or other structures, including ancillary rigging;
that are used or are intended to be used in connection with an outdoor performance.
(b) The term does not include:
(1) any part of a Class 1 structure, regulated amusement device, or regulated lifting device that is otherwise regulated under this article, IC 22-13, IC 22-14, or IC 22-15 for load bearing capacity or wind resistance, or both, as determined under the rules of the commission; or
(2) a small structure or an assembly of structures that does
not exceed the maximum size or weight limits (after the
addition of all supported equipment) established by the
commission.
(1) Fireworks display permits issued under IC 22-11-14-2.
(2) Explosives magazine permits issued under IC 35-47.5-4.
(3) Design releases issued under IC 22-15-3.
(4) Certification of industrialized building systems and mobile structures under IC 22-15-4.
(5) Inspection of regulated amusement devices under IC 22-15-7.
(6) Application fees for variance requests under IC 22-13-2-11 and inspection fees for exemptions under IC 22-13-4-5.
(7) Permitting and inspection of regulated lifting devices under IC 22-15-5.
(8) Permitting and inspection of regulated boiler and pressure vessels under IC 22-15-6.
(9) Licensing of:
(A) boiler and pressure vessel inspectors under IC 22-15-6-5; and
(B) an owner or user boiler and pressure vessel inspection agency under IC 22-15-6-6.
(10) Licensing of elevator contractors, elevator inspectors, and elevator mechanics under IC 22-15-5-6 through IC 22-15-5-16.
(11) Permitting and inspecting outdoor stage equipment under IC 22-15-8.
(b) Fee schedules set under this section must be sufficient to pay all of the costs, direct and indirect, that are payable from the fund into which the fee must be deposited, after deducting other money deposited in the fund. In setting these fee schedules, the commission may consider differences in the degree or complexity of the activity being performed for each fee.
(c) The fee schedule set for design releases issued under subsection (a)(3) may not be changed more than one (1) time each year. The commission may include in this fee schedule a fee for the review of plans and specifications and, if a political subdivision does not have a program to periodically inspect the construction covered by the design release, a fee for inspecting the construction.
(d) The fee schedule set under subsection (a) for design releases may provide that a portion of the fees collected shall be deposited in
the statewide fire and building safety education fund established under
section 3 of this chapter.
(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). 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.
This subsection expires January 1, 2014.
(1) amusement devices;
(2) boilers;
(3) lifting devices;
(4) pressure vessels; and
(5) outdoor stage equipment.
(b) A unit must submit its ordinances and other regulations that regulate lifting devices or outdoor stage equipment to the commission for approval. The ordinance or other regulation is not effective until it is approved by the commission. If any of these ordinances or regulations conflict with the commission's rules, the commission's rules supersede the local ordinance or other regulation.
(c) A unit may issue permits for lifting devices only to applicants who qualify under IC 22-15-5. However, the unit may specify a lesser fee than that set under IC 22-12-6-6(a)(7).
(d) A unit must inspect regulated lifting devices with inspectors who
possess the qualifications necessary to be employed by the division of
fire and building safety of the department of homeland security as a
regulated lifting device inspector.
(e) A unit may elect to regulate outdoor state equipment under
a regulatory program approved by the commission. The regulatory
program must comply with IC 36-8-2-14.
Chapter 8. Outdoor Stage Equipment Permits; Inspection
Sec. 1. The division shall carry out a program to issue permits for the installation of outdoor stage equipment in accordance with applicable equipment laws. An approved unit may issue permits for the division under IC 36-8-2-14 to the extent authorized by the commission.
Sec. 2. To qualify for a permit to install outdoor stage equipment under this chapter, an applicant must meet the following requirements:
(1) Be a person with control over the installation of the outdoor stage equipment.
(2) Apply to the division on the forms and in the manner specified by the division.
(3) Demonstrate through the submission of specifications, drawings, and other information that the installation will comply with applicable equipment laws, including any equipment laws specifying the minimum qualifications for persons installing the outdoor stage equipment.
(4) Submit a certificate that is prepared on a form provided by the division and signed under oath or affirmed subject to the penalty for perjury by the applicant or (if section 3 of this chapter applies) the professional engineer described in section 3 of this chapter and that:
(A) describes the outdoor place where the outdoor stage equipment will be installed;
(B) provides an estimate of the cost of the installation covered by the application, its square footage, and any other information required under the rules of the commission;
(C) states that the plans and specifications submitted for the application were prepared either by or under the immediate supervision of the person making the statement;
(D) states that the plans and specifications submitted for
the application provide for an installation that will meet all
applicable equipment laws;
(E) states the period of time during which the outdoor
stage equipment will be installed at the outdoor place
where the outdoor stage equipment will be used for an
outdoor performance; and
(F) states that the installation covered by the application
will be subject to inspection at intervals appropriate to the
stage of the installation by a professional engineer
identified in the statement for the purpose of determining
in general if work is proceeding in accordance with the
plans and specifications approved by the division.
(5) Provide any other information specified in the rules
adopted by the commission.
(6) Pay the fee specified under IC 22-12-6-6.
Sec. 3. The commission may require that plans and
specifications submitted under section 2(3) of this chapter for
installation of one (1) or more sizes or other classes of outdoor
stage equipment:
(1) be prepared by a professional engineer who is:
(A) competent to design the installation covered by the
application as determined by the division; and
(B) registered under IC 25-31;
(2) include on each page of all drawings and on the title page
of all specifications the seal of the professional engineer
described by subdivision (1) or the professional engineer's
technical or professional staff; and
(3) be filed by the professional engineer described by
subdivision (1) or the professional engineer's technical or
professional staff.
Sec. 4. Pending completion of the review of an application, the
division may issue a provisional installation permit subject to the
terms and conditions specified by the division.
Sec. 5. A permit issued under this chapter must specify the
terms and conditions under which the outdoor stage equipment
may be installed and used for a performance, including the
maximum load bearing and wind conditions under which the
outdoor stage equipment may be used.
Sec. 6. A permit issued under this chapter expires on the date
specified in the rules adopted by the commission.
Sec. 7. A copy of a permit issued under this chapter must be
prominently posted at the location where the outdoor stage
equipment is intended to be used or is used for an outdoor
performance, in accordance with the rules adopted by the
commission.
Sec. 8. The division shall carry out a program of inspection to
verify that outdoor stage equipment is installed at the outdoor
place where it will be used for an outdoor performance only in
accordance with the applicable equipment laws and the terms and
conditions of a permit issued by the division under this chapter or
by an approved unit under IC 36-8-2-14. An approved unit may
carry out an inspection for the division under IC 36-8-2-14 to the
extent authorized by the commission. An inspector for the division
shall be allowed entry and access to every outdoor place where
outdoor stage equipment is installed, including outdoor stage
equipment installed under a permit issued by a county, city, or
town under a regulatory program approved by the commission.
Sec. 9. (a) This section applies to the following:
(1) Each person that engages in installation of outdoor stage
equipment at an outdoor location where the outdoor stage
equipment is intended to be or is used for an outdoor
performance.
(2) Each person that has control over the installation of
outdoor stage equipment at an outdoor location where it is
intended to be or is used for an outdoor performance.
(3) Each person that has control over outdoor stage
equipment at an outdoor location where it is intended to be or
is used for an outdoor performance.
(4) Each person that has control over the outdoor location
where outdoor stage equipment is intended to be or is used for
an outdoor performance.
(b) Subject to section 11 of this chapter, a person described in
subsection (a) commits a Class C infraction if:
(1) outdoor stage equipment is installed, or installation is
begun, at an outdoor location where the outdoor stage
equipment is to be used or is used for a performance; and
(2) no permit (including a conditional permit) issued under
this chapter or IC 36-8-2-14 covers the installation, or a
permit issued under this chapter or IC 36-8-2-14 is not
prominently posted in conformity with the rules adopted by
the commission.
Sec. 10. (a) This section applies to the following:
(1) Each person that has control over outdoor stage
equipment at an outdoor location where it is intended to be or
is used for an outdoor performance.
(2) Each person that has control over the outdoor location
where outdoor stage equipment is intended to be or is used for
an outdoor performance.
(3) Each person that has control over an outdoor performance
where outdoor stage equipment is intended to be used or is
used.
(b) Subject to section 11 of this chapter, a person described in
subsection (a) commits a Class C infraction if:
(1) outdoor stage equipment is used for an outdoor
performance:
(A) in a configuration; or
(B) under conditions;
that have not been approved under a permit (including a
conditional permit) issued under this chapter or IC 36-8-2-14;
or
(2) any member of the audience for an outdoor performance
is permitted to assemble at a location where the member is at
risk of bodily injury from outdoor stage equipment:
(A) in a configuration; or
(B) under conditions;
that have not been approved by the division under a permit
(including a conditional permit) issued under this chapter or
by an approved unit under a permit (including a conditional
permit) issued under IC 36-8-2-14.
Sec. 11. (a) Outdoor stage equipment may be used for an
outdoor performance before July 1, 2012, without a permit
(including a conditional permit) issued under this chapter or an
approved unit under IC 36-8-2-14.
(b) Installation of outdoor stage equipment may begin before
July 1, 2012, without a permit (including a conditional permit)
issued under this chapter or an approved unit under IC 36-8-2-14.
However, the outdoor stage equipment may not be used for an
outdoor performance after June 30, 2012, without a permit
(including a conditional permit) issued by the division under this
chapter or by an approved unit under IC 36-8-2-14.
(1) "Approved unit" refers to a unit that has been approved by the commission to regulate outdoor stage equipment.
(2) "Commission" refers to the fire prevention and building safety commission.
(3) "Equipment law" means an equipment law (as defined in IC 22-12-1-11) that applies to the installation or use of outdoor stage equipment.
(4) "Installation" has the meaning set forth in IC 22-12-1-14.5.
(5) "Outdoor stage equipment" has the meaning set forth in IC 22-12-1-17.5.
(b) A unit may regulate outdoor stage equipment within the boundaries of the unit after June 30, 2012, only under a program approved by the commission. The legislative body of a unit that becomes an approved unit shall establish the unit's regulatory program by ordinance. If a unit becomes an approved unit, the approved unit shall require compliance with the equipment laws.
