CHAPTER 1. DEFINITIONS
IC 22-12
ARTICLE 12. FIRE SAFETY, BUILDING, AND
EQUIPMENT LAWS: GENERAL ADMINISTRATION
IC 22-12-1
Chapter 1. Definitions
IC 22-12-1-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout this
article, IC 22-13, IC 22-14, and IC 22-15.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-2
"Agricultural purpose"
Sec. 2. "Agricultural purpose" includes farming, dairying,
pasturage, apiculture, horticulture, floriculture, vitaculture,
ornamental horticulture, olericulture, pomiculture, animal husbandry,
and poultry husbandry.
As added by P.L.245-1987, SEC.1. Amended by P.L.5-1988,
SEC.119.
IC 22-12-1-2.2
"ANSI"
Sec. 2.2. "ANSI" refers to the American National Standards
Institute.
As added by P.L.119-2002, SEC.1.
IC 22-12-1-2.3
"ASME"
Sec. 2.3. "ASME" refers to the American Society of Mechanical
Engineers.
As added by P.L.119-2002, SEC.2.
IC 22-12-1-2.5
"ASTM"
Sec. 2.5. "ASTM" refers to the American Society for Testing and
Materials.
As added by P.L.166-1997, SEC.1.
IC 22-12-1-3
"Building law"
Sec. 3. "Building law" means any equipment law or other law
governing any of the following:
(1) Fabrication of an industrialized building system or mobile
structure for installation, assembly, or use at another site.
(2) Construction, addition, or alteration of any part of a Class 1
or Class 2 structure at the site where the structure will be used.
(3) Assembly of an industrialized building system or mobile
structure that is covered by neither subdivision (1) nor (2).
As added by P.L.245-1987, SEC.1. Amended by P.L.222-1989,
SEC.2; P.L.22-2005, SEC.31.
IC 22-12-1-3.5
"Bull ride simulator"
Sec. 3.5. (a) "Bull ride simulator" means a device designed to
simulate:
(1) a rodeo bull ride; or
(2) a similarly challenging ride upon another type of animal;
by subjecting the rider to a wide range of abrupt motion produced by
mechanical, electrical, or hydraulic means. The term includes a
multiride electric unit with a bull ride attachment.
(b) The term does not include devices that:
(1) resemble animals; and
(2) are designed:
(A) as an entertainment device;
(B) to operate rhythmically within a restricted range of
motion; and
(C) for use by children.
As added by P.L.25-2004, SEC.4. Amended by P.L.166-2005, SEC.1.
IC 22-12-1-3.6
"Bungee jump facility"
Sec. 3.6. "Bungee jump facility" means a device or structure used
for bungee jumping.
As added by P.L.32-2006, SEC.1.
IC 22-12-1-3.7
"Bungee jumping"
Sec. 3.7. "Bungee jumping" means a fall or jump from a height by
an individual who is attached to an elastic cord that prevents the
individual from hitting the ground, water, or other solid, semisolid,
liquid, or elastic surface.
As added by P.L.32-2006, SEC.2.
IC 22-12-1-4
"Class 1 structure"
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) 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.
As added by P.L.245-1987, SEC.1. Amended by P.L.223-1989,
SEC.1; P.L.23-1993, SEC.149; P.L.2-2002, SEC.72; P.L.141-2003,
SEC.2.
IC 22-12-1-5
"Class 2 structure"
Sec. 5. (a) "Class 2 structure" means any part of the following:
(1) A building or structure that is intended to contain or
contains only one (1) dwelling unit or two (2) dwelling units
unless any part of the building or structure is regularly used as
a Class 1 structure.
(2) An outbuilding for a structure described in subdivision (1),
such as a garage, barn, or family swimming pool, including an
above ground swimming pool, unless any part of the
outbuilding is regularly used as a Class 1 structure.
(b) Subsection (a) does not include a vehicular bridge.
As added by P.L.245-1987, SEC.1. Amended by P.L.72-2008, SEC.1.
IC 22-12-1-6
"Commission"
Sec. 6. "Commission" refers to the fire prevention and building
safety commission.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-7
"Construction"
Sec. 7. "Construction" means any of the following:
(1) Fabrication of any part of an industrialized building system
or mobile structure for use at another site.
(2) Erection or assembly of any part of a Class 1 or Class 2
structure at the site where it will be used.
(3) Installation of any part of the permanent heating, ventilating,
air conditioning, electrical, plumbing, sanitary, emergency
detection, emergency communication, or fire or explosion
suppression systems for a Class 1 or Class 2 structure at the site
where it will be used.
(4) Work undertaken to alter, remodel, rehabilitate, or add to
any part of a Class 1 or Class 2 structure.
(5) Work undertaken to relocate any part of a Class 1 or Class
2 structure, except a mobile structure.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-8
"Control"
Sec. 8. "Control" means authority to create, change, or eliminate
a condition or to initiate, regulate, or terminate conduct that is based
on any of the following:
(1) An agency, employment, or contractual relationship.
(2) A possessory or nonpossessory ownership or leasehold
interest in property.
(3) A contractual right to possess or use property.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-9
"Department"
Sec. 9. "Department" refers to the department of homeland
security established by IC 10-19-2-1.
As added by P.L.245-1987, SEC.1. Amended by P.L.22-2005,
SEC.32.
IC 22-12-1-10
"Education board"
Sec. 10. "Education board" refers to the board of firefighting
personnel standards and education.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-11
"Equipment law"
Sec. 11. "Equipment law" means a statute or rule under this
article, IC 22-13, or IC 22-15 that applies to the design, manufacture,
fabrication, assembly, installation, alteration, repair, maintenance,
operation, or inspection of a regulated amusement device, boiler,
lifting device, or pressure vessel.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-12
"Fire department"
Sec. 12. "Fire department" means a paid fire department or
volunteer fire department that renders fire prevention or fire
protection services to a political subdivision.
As added by P.L.245-1987, SEC.1. Amended by P.L.1-1999, SEC.54.
IC 22-12-1-13
"Fire safety law"
Sec. 13. "Fire safety law" means any building law, equipment law,
or other law safeguarding life or property from the hazards of fire or
explosion.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-14
"Industrialized building system"
Sec. 14. "Industrialized building system" means any part of a
building or other structure that is in whole or in substantial part
fabricated in an off-site manufacturing facility for installation or
assembly at the building site as part of a Class 1 structure, a Class 2
structure, or another building or structure. However, the term does
not include a mobile structure or a system that is capable of
inspection at the building site.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-15
"Law"
Sec. 15. "Law" includes any statute, rule, ordinance, or other
regulation.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-16
"Manufactured home"
Sec. 16. "Manufactured home" has the meaning set forth in 42
U.S.C. 5402 as it existed on January 1, 2003.
As added by P.L.245-1987, SEC.1. Amended by P.L.222-1989,
SEC.3; P.L.141-2003, SEC.3.
IC 22-12-1-17
"Mobile structure"
Sec. 17. (a) "Mobile structure" means any part of a fabricated unit
that is designed to be:
(1) towed on its own chassis; and
(2) connected to utilities for year-round occupancy or use as a
Class 1 structure, a Class 2 structure, or another structure.
(b) The term includes the following:
(1) Two (2) or more components that can be retracted for
towing purposes and subsequently expanded for additional
capacity.
(2) Two (2) or more units that are separately towable but
designed to be joined into one (1) integral unit.
(3) One (1) or more units that include a hoisting and lowering
mechanism equipped with a platform that:
(A) moves between two (2) or more landings; and
(B) is used to transport one (1) or more individuals.
As added by P.L.245-1987, SEC.1. Amended by P.L.101-2006,
SEC.31.
IC 22-12-1-18
"Person"
Sec. 18. "Person" means an individual, corporation, limited
liability company, partnership, unincorporated association, or
governmental entity.
As added by P.L.245-1987, SEC.1. Amended by P.L.8-1993,
SEC.298.
IC 22-12-1-18.7
"Qualified entity"
Sec. 18.7. "Qualified entity" means:
(1) a volunteer fire department (as defined in IC 36-8-12-2);
(2) the executive of a township providing fire protection under
IC 36-8-13-3(a)(1); or
(3) a municipality providing fire protection to a township under
IC 36-8-13-3(a)(2) or IC 36-8-13-3(a)(3).
As added by P.L.70-1995, SEC.3. Amended by P.L.90-1997, SEC.4;
P.L.1-1999, SEC.55.
IC 22-12-1-19
Repealed
(Repealed by P.L.1-1990, SEC.240.)
IC 22-12-1-19.1
"Regulated amusement device"
Sec. 19.1. (a) "Regulated amusement device" means a device
designed to carry or convey one (1) or more persons in one (1) or
more planes or degrees of motion for the purpose of amusement,
recreation, or entertainment.
(b) The term includes the following:
(1) An amusement ride.
(2) A ski lift.
(3) A passenger tramway.
(4) An aerial tramway or lift.
(5) A surface lift or tow.
(6) A bull ride simulator.
(7) A bungee jump facility.
(c) The term does not include a passenger operated device or an
inflatable amusement chamber.
As added by P.L.1-1990, SEC.241. Amended by P.L.166-1997,
SEC.2; P.L.25-2004, SEC.5; P.L.32-2006, SEC.3.
IC 22-12-1-20
Repealed
(Repealed by P.L.141-2003, SEC.23.)
IC 22-12-1-21
Repealed
(Repealed by P.L.123-2002, SEC.51.)
IC 22-12-1-22
"Regulated lifting device"
Sec. 22. (a) "Regulated lifting device" means any part of the
components, enclosures, and equipment necessary for the operation
of the following:
(1) A hoisting and lowering mechanism, equipped with a car or
a platform, that moves between two (2) or more landings,
including the following:
(A) An elevator, as defined in the Safety Code for Elevators
and Escalators, an American National Standard, as adopted
by ASME A17.1, and the Safety Code for Existing Elevators
and Escalators, an American National Standard, as adopted
by ASME A17.3.
(B) A platform lift and stairway chair lift, as defined in the
Safety Standard for Platform Lifts and Stairway Chairlifts,
an American National Standard, as adopted by ASME
A18.1.
(C) A personnel hoist within the scope of ANSI A10.4
(Safety Requirements for Personnel Hoists).
(D) A manlift within the scope of ANSI A90.1 (Safety Code
for Manlifts).
(2) A power driven stairway or walkway equipped to transport
persons between landings, including:
(A) an escalator; and
(B) a moving walk;
as defined in the Safety Code for Elevators and Escalators, an
American National Standard, as adopted by the ASME A17.1,
and the Safety Code for Existing Elevators and Escalators, an
American National Standard, as adopted by the ASME A17.3.
(3) A hoisting and lowering mechanism, equipped with a car or
a platform, that serves two (2) or more landings and is restricted
to the carrying of materials by its limited size or limited access
to the car, including:
(A) a dumbwaiter; and
(B) a material lift and dumbwaiter with an automatic transfer
device;
as defined in the Safety Code for Elevators and Escalators, and
American National Standard, as adopted by ASME A17.1, and
the Safety Code for Existing Elevators and Escalators, an
American National Standard, as adopted by ASME A17.3.
(4) An automatic guided transit vehicle on a guideway with an
exclusive right-of-way, including an automated people mover,
as defined in the Automated People Mover Standard 21, as
adopted by the American Society of Civil Engineers (ASCE).
(b) The term does not include the following:
(1) A belt, bucket, roller, or similar type conveyor.
(2) A tiering or piling machine that is used to move materials to
and from storage and located and operated entirely within one
(1) story.
(3) A mobile scaffold, tower, and platform within the scope of
ANSI A92.
(4) A hoist that is used for raising or lowering materials and that
has unguided hooks, slings, or similar means for attaching
materials.
(5) A skip or furnace hoist.
(6) A wharf ramp.
(7) A conveyor and related equipment within the scope of
ASME B20.1.
(8) A stage or orchestra lift.
(9) An industrial truck within the scope of ASME B56.
(10) A railroad car lift or dumper.
(11) A hillside inclined lift.
(12) Any lifting device in a private residence.
(13) A line jack, false car, shafter, moving platform, or similar
equipment used for installing an elevator by an elevator
contractor licensed under IC 22-15-5-7.
(14) A materials conveyor with a platform.
(15) A powered platform and equipment for exterior and
interior maintenance within the scope of ANSI 120.1.
As added by P.L.245-1987, SEC.1. Amended by P.L.224-1989,
SEC.2; P.L.119-2002, SEC.3.
IC 22-12-1-23
"Regulated place of amusement or entertainment"
Sec. 23. "Regulated place of amusement or entertainment" refers
to the following:
(1) A theater, opera house, movie theater, dance hall, night club
with a stage or floor show, or another place that offers an
amusement or entertainment to the public for consideration or
promotional purposes.
(2) A place where a boxing, sparring, or unarmed combat match
or exhibition is conducted under the supervision of the state
athletic commission.
(3) A hall, gymnasium, or place of assembly where a school,
college, university, social or fraternal organization, lodge,
farmers organization, society, labor union, trade association, or
church holds any type of amusement.
(4) A public or private place where a regulated amusement
device is operated.
As added by P.L.245-1987, SEC.1. Amended by P.L.160-2009,
SEC.3.
IC 22-12-1-23.3
Repealed
(Repealed by P.L.107-2007, SEC.18.)
IC 22-12-1-23.6
"Stand"
Sec. 23.6. "Stand" means a structure, booth, or table for display
and sale of farm produce.
As added by P.L.223-1989, SEC.2.
IC 22-12-1-24
"Structure"
Sec. 24. "Structure" includes swimming pool.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-25
"Rules board"
Sec. 25. "Rules board" refers to the boiler and pressure vessel
rules board.
As added by P.L.245-1987, SEC.1.
IC 22-12-1-26
"Vehicular bridge"
Sec. 26. "Vehicular bridge" means any bridge that is neither:
(1) a pedestrian walkway; nor
(2) a passageway for light vehicles;
suspended between two (2) or more parts of a building or between
two (2) or more buildings.
As added by P.L.245-1987, SEC.1.