Indiana 2023 Regular Session

Indiana Senate Bill SB0277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0277.2
	2	+	Reprinted
	3	+	March 29, 2023
	4	+	ENGROSSED
	5	+	SENATE BILL No. 277
	6	+	_____
	7	+	DIGEST OF SB 277 (Updated March 28, 2023 3:12 pm - DI 116)
	8	+	Citations Affected: IC 22-11; IC 36-8.
	9	+	Synopsis: Fire protection. Provides that an individual who is certified
	10	+	as a fire inspector may conduct a fire inspection. Provides that an
	11	+	individual who is certified as a fire inspector and not an employee of
	12	+	the fire department may conduct a fire inspection after completing
	13	+	additional requirements. Requires a structure constructed or initially
	14	+	converted or remodeled after June 30, 2023, for use as an animal
	15	+	facility to have a fire alarm system or staff on duty any time a dog or
	16	+	cat is present on the premises. Authorizes periodic local or state fire
	17	+	inspections to determine compliance.
	18	+	Effective: July 1, 2023.
	19	+	Freeman, Sandlin,
	20	+	Randolph Lonnie M
	21	+	(HOUSE SPONSORS — SPEEDY, ANDRADE)
	22	+	January 11, 2023, read first time and referred to Committee on Homeland Security and
	23	+	Transportation.
	24	+	February 21, 2023, amended, reported favorably — Do Pass.
	25	+	February 23, 2023, read second time, amended, ordered engrossed.
	26	+	February 24, 2023, engrossed.
	27	+	February 27, 2023, read third time, passed. Yeas 49, nays 0.
	28	+	HOUSE ACTION
	29	+	March 6, 2023, read first time and referred to Committee on Veterans Affairs and Public
	30	+	Safety.
	31	+	March 20, 2023, amended, reported — Do Pass.
	32	+	March 28, 2023, read second time, amended, ordered engrossed.
	33	+	ES 277—LS 7018/DI 116 Reprinted
	34	+	March 29, 2023
1	35		First Regular Session of the 123rd General Assembly (2023)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 277
12		-	AN ACT to amend the Indiana Code concerning public safety.
	45	+	ENGROSSED
	46	+	SENATE BILL No. 277
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	48	+	public safety.
13	49		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 22-11-22 IS ADDED TO THE INDIANA CODE
	50	+	1 SECTION 1. IC 22-11-22 IS ADDED TO THE INDIANA CODE
	51	+	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	52	+	3 JULY 1, 2023]:
	53	+	4 Chapter 22. Pet Fire Safety
	54	+	5 Sec. 1. This chapter applies to a structure that after June 30,
	55	+	6 2023, is:
	56	+	7 (1) constructed; or
	57	+	8 (2) initially converted or remodeled;
	58	+	9 for use as an animal facility.
	59	+	10 Sec. 2. As used in this chapter, "animal facility" means any of
	60	+	11 the following:
	61	+	12 (1) A pet store.
	62	+	13 (2) A veterinary hospital.
	63	+	14 (3) A commercial overnight boarding facility.
	64	+	15 (4) An animal care facility (as defined in IC 6-9-39-1) that is
	65	+	16 operating without a private residential dwelling on the
	66	+	17 premises.
	67	+	ES 277—LS 7018/DI 116 2
	68	+	1 Sec. 3. As used in this chapter, "commercial overnight boarding
	69	+	2 facility" means a business that houses dogs or cats overnight for a
	70	+	3 fee that is operating without a private residential dwelling on the
	71	+	4 premises.
	72	+	5 Sec. 4. As used in this chapter, "fire alarm system" means a
	73	+	6 system that automatically sends notice of an alarm to a local fire or
	74	+	7 police department when the alarm is activated.
	75	+	8 Sec. 5. As used in this chapter, "pet store" means a retailer that
	76	+	9 sells dogs or cats.
	77	+	10 Sec. 6. An animal facility must have at least one (1) of the
	78	+	11 following:
	79	+	12 (1) A fire alarm system that is:
	80	+	13 (A) designed by a fire alarm technician; and
	81	+	14 (B) in operating condition.
	82	+	15 (2) Staff on duty at the animal facility any time a dog or cat is
	83	+	16 present on the premises.
	84	+	17 Sec. 7. A fire department that has jurisdiction over an animal
	85	+	18 facility or the department of homeland security may periodically
	86	+	19 inspect the animal facility to determine compliance with this
	87	+	20 chapter.
	88	+	21 Sec. 8. An individual conducting an inspection described in
	89	+	22 IC 36-8-17-8 of an animal facility under this chapter must meet the
	90	+	23 requirements described in IC 36-8-17-8(c).
	91	+	24 SECTION 2. IC 36-8-17-8, AS AMENDED BY P.L.187-2021,
	92	+	25 SECTION 149, IS AMENDED TO READ AS FOLLOWS
	93	+	26 [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) A fire department serving an
	94	+	27 area that does not include a city may engage in an inspection program
	95	+	28 to promote compliance with fire safety laws. Upon the request of an
	96	+	29 owner or a primary lessee who resides in a private dwelling, the fire
	97	+	30 department may inspect the interior of the private dwelling to
	98	+	31 determine compliance with IC 22-11-18-3.5. The fire department shall
	99	+	32 maintain a written report for each inspection. These reports shall be
	100	+	33 made available to the department upon request.
	101	+	34 (b) The fire department serving an area that includes a city shall
	102	+	35 inspect every place and public way within the jurisdiction of the city,
	103	+	36 except the interiors of private dwellings, for compliance with the fire
	104	+	37 safety laws. Upon the request of an owner or a primary lessee who
	105	+	38 resides in a private dwelling, the fire department may inspect the
	106	+	39 interior of the private dwelling to determine compliance with
	107	+	40 IC 22-11-18-3.5. Except as otherwise provided in the rules adopted by
	108	+	41 the commission, the fire chief of the fire department shall specify the
	109	+	42 schedule under which places and public ways are inspected and may
	110	+	ES 277—LS 7018/DI 116 3
	111	+	1 exclude a class of places or public ways from inspection under this
	112	+	2 section, if the fire chief determines that the public interest will be
	113	+	3 served without inspection. The fire department shall maintain a written
	114	+	4 report for each inspection. The fire department shall submit monthly
	115	+	5 reports to the department, on forms prescribed by the department,
	116	+	6 containing the following information:
	117	+	7 (1) The total number of inspections made.
	118	+	8 (2) The total number of defects found, classified as required by
	119	+	9 the office.
	120	+	10 (3) The total number of orders issued for correction of each class
	121	+	11 of defect.
	122	+	12 (4) The total number of orders complied with.
	123	+	13 (c) Except as provided in subsection (d), an inspection may only
	124	+	14 be carried out by an individual who:
	125	+	15 (1) is a firefighter who meets, at a minimum, the training
	126	+	16 requirements described in IC 36-8-10.5; or
	127	+	17 (2) has:
	128	+	18 (A) obtained certification as a:
	129	+	19 (i) fire inspector I as described in 655 IAC 1-2.1-12;
	130	+	20 (ii) fire inspector II as described in 655 IAC 1-2.1-13; or
	131	+	21 (iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1;
	132	+	22 and
	133	+	23 (B) in the case of an individual who is not an employee of
	134	+	24 a fire department, completed at least two (2) years of
	135	+	25 experience as a fire inspector described in clause (A)(i)
	136	+	26 through (A)(iii).
	137	+	27 (c) (d) A volunteer fire department may carry out inspections under
	138	+	28 this section only through an individual who is certified under
	139	+	29 IC 22-14-2-6(c).
	140	+	ES 277—LS 7018/DI 116 4
	141	+	COMMITTEE REPORT
	142	+	Madam President: The Senate Committee on Homeland Security
	143	+	and Transportation, to which was referred Senate Bill No. 277, has had
	144	+	the same under consideration and begs leave to report the same back
	145	+	to the Senate with the recommendation that said bill be AMENDED as
	146	+	follows:
	147	+	Page 1, between the enacting clause and line 1, begin a new
	148	+	paragraph and insert:
	149	+	"SECTION 1. IC 22-11-22 IS ADDED TO THE INDIANA CODE
	150	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	151	+	JULY 1, 2023]:
	152	+	Chapter 22. Pet Fire Safety
	153	+	Sec. 1. This chapter applies to new construction at an animal
	154	+	facility that begins after June 30, 2023.
	155	+	Sec. 2. As used in this chapter, "animal facility" means any of
	156	+	the following:
	157	+	(1) An overnight animal boarding facility.
	158	+	(2) A pet store.
	159	+	(3) An animal care facility (as defined in IC 6-9-39-1).
	160	+	(4) A veterinary hospital.
	161	+	Sec. 3. As used in this chapter, "fire alarm system" means a
	162	+	system that automatically sends notice of an alarm to a local fire or
	163	+	police department when the alarm is activated.
	164	+	Sec. 4. As used in this chapter, "overnight animal boarding
	165	+	facility" means a business that houses dogs or cats overnight for a
	166	+	fee.
	167	+	Sec. 5. As used in this chapter, "pet store" means a retailer that
	168	+	sells dogs or cats.
	169	+	Sec. 6. New construction at an animal facility must have at least
	170	+	one (1) of the following:
	171	+	(1) A fire alarm system that is:
	172	+	(A) designed by a fire alarm technician; and
	173	+	(B) in operating condition.
	174	+	(2) Staff on duty at the animal facility any time a dog or cat is
	175	+	present on the premises.
	176	+	Sec. 7. A fire department that has jurisdiction over the animal
	177	+	facility or the department of homeland security may periodically
	178	+	inspect an animal facility to determine compliance with this
	179	+	chapter.".
	180	+	Page 2, line 16, after "who" insert ":
	181	+	(1)".
	182	+	Page 2, line 17, delete "." and insert "; or
	183	+	ES 277—LS 7018/DI 116 5
	184	+	(2) has:
	185	+	(A) obtained certification as a:
	186	+	(i) fire inspector I as described in 655 IAC 1-2.1-12;
	187	+	(ii) fire inspector II as described in 655 IAC 1-2.1-13; or
	188	+	(iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1;
	189	+	and
	190	+	(B) in the case of an individual who is not an employee of
	191	+	a fire department, completed at least three (3) years of
	192	+	experience as a fire inspector described in clause (A)(i)
	193	+	through (A)(iii).".
	194	+	Renumber all SECTIONS consecutively.
	195	+	and when so amended that said bill do pass.
	196	+	(Reference is to SB 277 as introduced.)
	197	+	CRIDER, Chairperson
	198	+	Committee Vote: Yeas 7, Nays 0.
	199	+	_____
	200	+	SENATE MOTION
	201	+	Madam President: I move that Senate Bill 277 be amended to read
	202	+	as follows:
	203	+	Page 1, delete lines 1 through 17.
	204	+	Page 2, delete lines 1 through 14.
	205	+	Renumber all SECTIONS consecutively.
	206	+	(Reference is to SB 277 as printed February 22, 2023.)
	207	+	FREEMAN
	208	+	_____
	209	+	COMMITTEE REPORT
	210	+	Mr. Speaker: Your Committee on Veterans Affairs and Public
	211	+	Safety, to which was referred Senate Bill 277, has had the same under
	212	+	consideration and begs leave to report the same back to the House with
	213	+	the recommendation that said bill be amended as follows:
	214	+	Page 1, between the enacting clause and line 1, begin a new
	215	+	paragraph and insert:
	216	+	ES 277—LS 7018/DI 116 6
	217	+	"SECTION 1. IC 22-11-22 IS ADDED TO THE INDIANA CODE
15	218		AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
16	219		JULY 1, 2023]:
17	220		Chapter 22. Pet Fire Safety
18	221		Sec. 1. This chapter applies to a structure that after June 30,
19	222		2023, is:
20	223		(1) constructed; or
21	224		(2) initially converted or remodeled;
22	225		for use as an animal facility.
23	226		Sec. 2. As used in this chapter, "animal facility" means any of
24	227		the following:
25	228		(1) A pet store.
26	229		(2) A veterinary hospital.
27		-	(3) A commercial overnight boarding facility.
	230	+	Sec. 3. As used in this chapter, "fire alarm system" means a
	231	+	system that automatically sends notice of an alarm to a local fire or
	232	+	police department when the alarm is activated.
	233	+	Sec. 4. As used in this chapter, "pet store" means a retailer that
	234	+	sells dogs or cats.
	235	+	Sec. 5. An animal facility must have at least one (1) of the
	236	+	following:
	237	+	(1) A fire alarm system that is:
	238	+	(A) designed by a fire alarm technician; and
	239	+	(B) in operating condition.
	240	+	(2) Staff on duty at the animal facility any time a dog or cat is
	241	+	present on the premises.
	242	+	Sec. 6. A fire department that has jurisdiction over an animal
	243	+	facility or the department of homeland security may periodically
	244	+	inspect the animal facility to determine compliance with this
	245	+	chapter.
	246	+	Sec. 7. An individual conducting an inspection described in
	247	+	IC 36-8-17-8 of an animal facility under this chapter must meet the
	248	+	requirements described in IC 36-8-17-8(c).".
	249	+	Page 2, line 26, delete "three (3)" and insert "two (2)".
	250	+	Renumber all SECTIONS consecutively.
	251	+	and when so amended that said bill do pass.
	252	+	(Reference is to SB 277 as reprinted February 24, 2023.)
	253	+	FRYE R
	254	+	Committee Vote: yeas 12, nays 0.
	255	+	ES 277—LS 7018/DI 116 7
	256	+	HOUSE MOTION
	257	+	Mr. Speaker: I move that Engrossed Senate Bill 277 be amended to
	258	+	read as follows:
	259	+	Page 1, between lines 13 and 14, begin a new line block indented
	260	+	and insert:
	261	+	"(3) A commercial overnight boarding facility.
28	262		(4) An animal care facility (as defined in IC 6-9-39-1) that is
29	263		operating without a private residential dwelling on the
30	264		premises.
31	265		Sec. 3. As used in this chapter, "commercial overnight boarding
32	266		facility" means a business that houses dogs or cats overnight for a
33	267		fee that is operating without a private residential dwelling on the
34		-	premises.
35		-	Sec. 4. As used in this chapter, "fire alarm system" means a
36		-	SEA 277 — Concur 2
37		-	system that automatically sends notice of an alarm to a local fire or
38		-	police department when the alarm is activated.
39		-	Sec. 5. As used in this chapter, "pet store" means a retailer that
40		-	sells dogs or cats.
41		-	Sec. 6. An animal facility must have at least one (1) of the
42		-	following:
43		-	(1) A fire alarm system that is:
44		-	(A) designed by a fire alarm technician; and
45		-	(B) in operating condition.
46		-	(2) Staff on duty at the animal facility any time a dog or cat is
47		-	present on the premises.
48		-	Sec. 7. A fire department that has jurisdiction over an animal
49		-	facility or the department of homeland security may periodically
50		-	inspect the animal facility to determine compliance with this
51		-	chapter.
52		-	Sec. 8. An individual conducting an inspection described in
53		-	IC 36-8-17-8 of an animal facility under this chapter must meet the
54		-	requirements described in IC 36-8-17-8(c).
55		-	SECTION 2. IC 36-8-17-8, AS AMENDED BY P.L.187-2021,
56		-	SECTION 149, IS AMENDED TO READ AS FOLLOWS
57		-	[EFFECTIVE JULY 1, 2023]: Sec. 8. (a) A fire department serving an
58		-	area that does not include a city may engage in an inspection program
59		-	to promote compliance with fire safety laws. Upon the request of an
60		-	owner or a primary lessee who resides in a private dwelling, the fire
61		-	department may inspect the interior of the private dwelling to
62		-	determine compliance with IC 22-11-18-3.5. The fire department shall
63		-	maintain a written report for each inspection. These reports shall be
64		-	made available to the department upon request.
65		-	(b) The fire department serving an area that includes a city shall
66		-	inspect every place and public way within the jurisdiction of the city,
67		-	except the interiors of private dwellings, for compliance with the fire
68		-	safety laws. Upon the request of an owner or a primary lessee who
69		-	resides in a private dwelling, the fire department may inspect the
70		-	interior of the private dwelling to determine compliance with
71		-	IC 22-11-18-3.5. Except as otherwise provided in the rules adopted by
72		-	the commission, the fire chief of the fire department shall specify the
73		-	schedule under which places and public ways are inspected and may
74		-	exclude a class of places or public ways from inspection under this
75		-	section, if the fire chief determines that the public interest will be
76		-	served without inspection. The fire department shall maintain a written
77		-	report for each inspection. The fire department shall submit monthly
78		-	reports to the department, on forms prescribed by the department,
79		-	SEA 277 — Concur 3
80		-	containing the following information:
81		-	(1) The total number of inspections made.
82		-	(2) The total number of defects found, classified as required by
83		-	the office.
84		-	(3) The total number of orders issued for correction of each class
85		-	of defect.
86		-	(4) The total number of orders complied with.
87		-	(c) Except as provided in subsection (d), an inspection may only
88		-	be carried out by an individual who:
89		-	(1) is a firefighter who meets, at a minimum, the training
90		-	requirements described in IC 36-8-10.5; or
91		-	(2) has:
92		-	(A) obtained certification as a:
93		-	(i) fire inspector I as described in 655 IAC 1-2.1-12;
94		-	(ii) fire inspector II as described in 655 IAC 1-2.1-13; or
95		-	(iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1;
96		-	and
97		-	(B) in the case of an individual who is not an employee of
98		-	a fire department, completed at least two (2) years of
99		-	experience as a fire inspector described in clause (A)(i)
100		-	through (A)(iii).
101		-	(c) (d) A volunteer fire department may carry out inspections under
102		-	this section only through an individual who is certified under
103		-	IC 22-14-2-6(c).
104		-	SEA 277 — Concur President of the Senate
105		-	President Pro Tempore
106		-	Speaker of the House of Representatives
107		-	Governor of the State of Indiana
108		-	Date: Time:
109		-	SEA 277 — Concur
	268	+	premises.".
	269	+	Page 1, line 14, delete "Sec. 3." and insert "Sec. 4.".
	270	+	Page 1, line 17, delete "Sec. 4." and insert "Sec. 5.".
	271	+	Page 2, line 2, delete "Sec. 5." and insert "Sec. 6.".
	272	+	Page 2, line 9, delete "Sec. 6." and insert "Sec. 7.".
	273	+	Page 2, line 13, delete "Sec. 7." and insert "Sec. 8.".
	274	+	(Reference is to ESB 277 as printed March 20, 2023.)
	275	+	SPEEDY
	276	+	ES 277—LS 7018/DI 116