Sec. 8. (a) A fire department serving an area that does not include a city may engage in an inspection program to promote compliance with fire safety laws. Upon the request of an owner or a primary lessee who resides in a private dwelling, the fire department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5. The fire department shall maintain a written report for each inspection. These reports shall be made available to the department upon request.

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Terms Used In Indiana Code 36-8-17-8

  • commission: refers to the fire prevention and building safety commission. See Indiana Code 36-8-17-1
  • department: refers to the department of homeland security established by IC 10-19-2-1. See Indiana Code 36-8-17-4.5
  • fire department: means a paid fire department or a volunteer fire department that renders fire prevention or fire protection services to a political subdivision. See Indiana Code 36-8-17-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
     (b) The fire department serving an area that includes a city shall inspect every place and public way within the jurisdiction of the city, except the interiors of private dwellings, for compliance with the fire safety laws. Upon the request of an owner or a primary lessee who resides in a private dwelling, the fire department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5. Except as otherwise provided in the rules adopted by the commission, the fire chief of the fire department shall specify the schedule under which places and public ways are inspected and may exclude a class of places or public ways from inspection under this section, if the fire chief determines that the public interest will be served without inspection. The fire department shall maintain a written report for each inspection. The fire department shall submit monthly reports to the department, on forms prescribed by the department, containing the following information:

(1) The total number of inspections made.

(2) The total number of defects found, classified as required by the office.

(3) The total number of orders issued for correction of each class of defect.

(4) The total number of orders complied with.

     (c) Except as provided in subsection (d), an inspection may only be carried out by an individual who:

(1) is a firefighter who meets, at a minimum, the training requirements described in IC 36-8-10.5; or

(2) has:

(A) obtained certification as a:

(i) fire inspector I as described in 655 IAC 1-2.1-12;

(ii) fire inspector II as described in 655 IAC 1-2.1-13; or

(iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1; and

(B) in the case of an individual who is not an employee of a fire department, completed at least two (2) years of experience as a fire inspector described in clause (A)(i) through (A)(iii).

     (d) A volunteer fire department may carry out inspections under this section only through an individual who is certified under IC 22-14-2-6(c).

As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999, SEC.104; P.L.1-2006, SEC.579; P.L.17-2008, SEC.6; P.L.187-2021, SEC.149; P.L.107-2023, SEC.2.

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