Indiana 2025 Regular Session

Indiana House Bill HB1388 Latest Draft

Bill / Introduced Version Filed 01/10/2025

                             
Introduced Version
HOUSE BILL No. 1388
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 22-13-2-2.7; IC 22-14.
Synopsis:  School protective door assemblies. Requires, not later than
July 1, 2026, the fire prevention and building commission to adopt
rules to adopt the: (1) Standard for Life Safety Code (NFPA 101)
published by the National Fire Protection Association; and (2) Standard
for Fire Doors and Other Opening Protectives (NFPA 80) published by
the National Fire Protection Association for the purpose of regulating
protective door assemblies for schools. Requires each school
corporation, charter school, or state accredited nonpublic school
(school) to annually inspect each protective door assembly in each
school building that is being used to provide instruction to students.
Provides that the inspection must: (1) be performed by a qualified
inspector; (2) verify whether each particular protective door assembly
meets certain standards; and (3) include a report to the school with the
results of the inspection. Provides that if a protective door assembly is
(Continued next page)
Effective:  July 1, 2025.
Pressel, Bartels, Davis
January 13, 2025, read first time and referred to Committee on Education.
2025	IN 1388—LS 7423/DI 116 Digest Continued
determined to not be in compliance with standards and there is a
serious risk for a fire or life safety hazard, the school shall remedy the
noncompliant protective door assembly not later than 180 days after the
date of the inspection. Provides that if a protective door assembly is
determined to not be in compliance with standards, but there is not a
serious risk for a fire or life safety hazard, the school shall remedy the
noncompliant protective door assembly not later than 18 months after
the date of the inspection. Provides that the department of homeland
security (department) or the department's designee shall annually
review a school's inspection records. Provides that the department or
the department's designee shall issue an order to the school if the
protective door assembly is not brought into compliance within the
designated period to remedy. Requires a school that receives an order
to post the citation on the school's website until the noncompliant
protective door assembly is made compliant with certain standards.
Requires the fire prevention and building commission to adopt
administrative rules.
2025	IN 1388—LS 7423/DI 1162025	IN 1388—LS 7423/DI 116 Introduced
First Regular Session of the 124th General Assembly (2025)
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.
  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 this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1388
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-13-2-2.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 2.7. Not later than July 1, 2026, the commission shall
4 adopt rules under IC 4-22-2 to adopt the:
5 (1) Standard for Life Safety Code (NFPA 101) published by
6 the National Fire Protection Association; and
7 (2) Standard for Fire Doors and Other Opening Protectives
8 (NFPA 80) published by the National Fire Protection
9 Association;
10 to be included within the statewide code of fire safety laws and
11 building laws adopted under section 2 of this chapter for the
12 purpose of regulating protective door assemblies (as defined in
13 IC 22-14-9-3) for schools.
14 SECTION 2. IC 22-14-2-4, AS AMENDED BY P.L.187-2021,
15 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 4. (a) The department may:
17 (1) enter and inspect any property, at a reasonable hour;
2025	IN 1388—LS 7423/DI 116 2
1 (2) issue and enforce administrative orders under IC 22-12-7 and
2 apply for judicial orders under IC 22-12-7-13;
3 (3) direct a fire department to assist the department;
4 (4) cooperate with law enforcement officers; and
5 (5) provide hazardous materials and counterterrorism:
6 (A) training;
7 (B) support; and
8 (C) response assistance; and
9 (6) issue orders of noncompliance under IC 22-14-9-8.
10 (b) To carry out the state fire marshal's responsibility to conduct an
11 investigation into the causes and circumstances surrounding a fire or
12 an explosion, the state fire marshal or a department fire investigator
13 authorized by the state fire marshal may:
14 (1) exercise the powers of a law enforcement officer to prevent
15 fires and conduct arson investigations;
16 (2) direct a fire department to assist the state fire marshal or
17 department fire investigator; and
18 (3) cooperate with law enforcement officers.
19 SECTION 3. IC 22-14-9 IS ADDED TO THE INDIANA CODE AS
20 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2025]:
22 Chapter 9. Inspection of School Protective Door Assemblies
23 Sec. 1. This chapter applies to the following (referred to as
24 "school" in this chapter):
25 (1) A school corporation (as defined in IC 20-18-2-16).
26 (2) A charter school (as defined in IC 20-18-2-2.5).
27 (3) A state accredited nonpublic school (as defined in
28 IC 20-18-2-18.7).
29 Sec. 2. (a) As used in this chapter, "NFPA 80" means the
30 Standard for Fire Doors and Other Opening Protectives published
31 by the National Fire Protection Association. 
32 (b) As used in this chapter, "NFPA 101" means the Standard for
33 Life Safety Code published by the National Fire Protection
34 Association.
35 Sec. 3. As used in this chapter, "protective door assembly"
36 means any of the following:
37 (1) Doors with panic hardware or fire exit hardware.
38 (2) Door assemblies in exit enclosures.
39 (3) Electricity controlled egress doors.
40 (4) Door assemblies with special locking arrangements,
41 including:
42 (A) delayed egress doors;
2025	IN 1388—LS 7423/DI 116 3
1 (B) sensor release egress doors; or
2 (C) elevator lobby doors.
3 Sec. 4. As used in this chapter, "qualified inspector" means a
4 person who:
5 (1) possesses:
6 (A) a recognized degree;
7 (B) a certificate;
8 (C) professional standing; or
9 (D) skill; and
10 (2) by knowledge, training, or experience has demonstrated
11 the ability to deal with the subject matter, work, or project;
12 related to the repair, installation, or replacement of a protective
13 door assembly.
14 Sec. 5. (a) Each school shall annually inspect each protective
15 door assembly in each school building that is currently being used
16 to provide instruction to students.
17 (b) The inspection described in subsection (a) must:
18 (1) be performed by a qualified inspector;
19 (2) verify whether the protective door assemblies are in
20 compliance with the following standards:
21 (A) For a protective door assembly installed before July 1,
22 2026, the building code standards in effect at the time of
23 installation.
24 (B) For a protective door assembly installed after June 30,
25 2026, the NFPA 80 and NFPA 101 that are in effect on the
26 date the protective door assembly was installed; and
27 (3) include a report to the school with the results of the
28 inspection that is provided in the manner described in section
29 6 of this chapter.
30 (c) Notwithstanding subsection (b)(2), a school may secure a
31 protective door assembly with a temporary door locking device
32 approved by the state fire marshal in a manner prescribed by the
33 state fire marshal.
34 Sec. 6. (a) The inspection report described in section 5(b)(3) of
35 this chapter must indicate either of the following:
36 (1) That the protective door assembly is in compliance with
37 standards described in section 5(b)(2) of this chapter.
38 (2) That the protective door assembly is not in compliance:
39 (A) with standards described in section 5(b)(2) of this
40 chapter, but there is not a serious risk for a fire or life
41 safety hazard; or
42 (B) with standards described in section 5(b)(2) of this
2025	IN 1388—LS 7423/DI 116 4
1 chapter and there is a serious risk for a fire or life safety
2 hazard;
3 and that a follow-up inspection is required under section 7 of
4 this chapter.
5 (b) The inspection report is confidential in accordance with
6 IC 5-14-3-4.
7 (c) Each school shall maintain records verifying the annual
8 inspection required under section 5 of this chapter.
9 Sec. 7. (a) Except as provided in subsection (d), if a protective
10 door assembly is determined to not be in compliance under section
11 6(a)(2)(B) of this chapter, the school shall remedy the
12 noncompliant protective door assembly not later than one hundred
13 eighty (180) days after the date of the inspection report described
14 in section 5(b)(3) of this chapter.
15 (b) Except as provided in subsection (d), if a protective door
16 assembly is determined to not be in compliance under section
17 6(a)(2)(A) of this chapter, the school shall remedy the
18 noncompliant protective door assembly not later than eighteen (18)
19 months after the date of the inspection report described in section
20 5(b)(3) of this chapter.
21 (c) Except as provided in subsection (d), if one (1) or more
22 protective door assemblies are determined to not be in compliance
23 under section 6(a)(2) of this chapter, the school shall do both of the
24 following:
25 (1) Take all steps necessary to make each applicable
26 protective door assembly compliant with the standards
27 described in section 5(b)(2) of this chapter within the time
28 frame described under subsection (a) or (b), as applicable.
29 (2) Cause a follow-up inspection of each applicable protective
30 door assembly upon making the protective door assembly
31 compliant under subdivision (1).
32 (d) If a school is unable to remedy the noncompliant protective
33 door assembly within the time frame described in subsection (a) or
34 (b), the school may submit a waiver request to the department in
35 a manner prescribed by the department. The department, in a
36 manner prescribed by the department, may grant a temporary
37 waiver if the school demonstrates good cause as to why the
38 noncompliant protective door assembly cannot be remedied within
39 the time frame described in subsection (a) or (b).
40 Sec. 8. (a) The department or the department's designee shall
41 annually review a school's records of inspections described in
42 section 6(c) of this chapter. If the department or the department's
2025	IN 1388—LS 7423/DI 116 5
1 designee determines that the school has not timely made
2 noncompliant protective door assemblies compliant within the time
3 periods described in section 7 of this chapter, the department or
4 the department's designee shall issue an order of noncompliance
5 for the school in accordance with IC 22-12-7-3.
6 (b) A school that receives an order described under subsection
7 (a) shall post the order of noncompliance on the school's website in
8 a conspicuous location. A school may remove the order of
9 noncompliance from the school's website after the applicable
10 protective door assembly is brought into compliance as evidenced
11 by an inspection described in section 7(c)(2) of this chapter.
12 Sec. 9. The commission shall adopt rules under IC 4-22-2
13 necessary to administer this chapter.
2025	IN 1388—LS 7423/DI 116