Indiana § 22-11-14-15 - Fire prevention and building safety commission; department of state revenue; rules concerning fireworks sales

§ 22-11-14-15. Fire prevention and building safety commission; department of state revenue; rules concerning fireworks sales

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 15. The fire prevention and building safety commission and the department of state revenue shall adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.187-2006, SEC.15.

IC 22-11-14-15Adoption of rules concerning fireworks sales Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 15. The department of homeland security and the department of state revenue shall adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.187-2006, SEC.15. Amended by P.L.152-2026, SEC.350.

IC 22-11-14.5Chapter 14.5. Indoor Pyrotechnics

22-11-14.5-1"Indoor pyrotechnics" defined 22-11-14.5-2Repealed 22-11-14.5-3Rules 22-11-14.5-3Rules 22-11-14.5-4Adoption of ordinance or resolution 22-11-14.5-5Precedence of rules 22-11-14.5-6Violations; Class C infraction 22-11-14.5-7Violations; property; Class C infraction 22-11-14.5-8Separate offenses 22-11-14.5-9Violations; Class A misdemeanor 22-11-14.5-10Violations; Level 6 felony 22-11-14.5-11Violations; death; Level 6 felony 22-11-14.5-12Violations; death; Level 5 felony

IC 22-11-14.5-1"Indoor pyrotechnics" defined Sec. 1. As used in this chapter, "indoor pyrotechnics" means controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume (as provided in National Fire Protection Association Standard 1126 (2001 edition)). The term does not include the following novelties and trick noisemakers:

(1) Snakes or glow worms.

(2) Smoke devices.

(3) Wire sparklers that do not contain magnesium and that contain less than one hundred (100) grams of composition per item.

(4) Trick noisemakers, which include party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-2RepealedAs added by P.L.25-2004, SEC.3. Repealed by P.L.187-2006, SEC.18.

IC 22-11-14.5-3Rules Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 3. The fire prevention and building safety commission shall adopt rules under IC 4-22-2 to implement a statewide code concerning displays of indoor pyrotechnics. The rules:

(1) must require that a certificate of insurance be issued that provides general liability coverage of at least five hundred thousand dollars ($500,000) for the injury or death of any number of persons in any one (1) occurrence and five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence by an intended display of indoor pyrotechnics arising from any acts of the operator of the display or the operator's agents, employees, or subcontractors;

(2) must require the person intending to present the display to give, at least twenty four (24) hours before the time of the display, written notice of the intended display to the chief of the responding fire department of the location proposed for the display of the indoor pyrotechnics and to include with the written notice a certification from the person intending to display the indoor pyrotechnics that the display will be made in accordance with:

(A) the rules adopted under this section; and

(B) any ordinance or resolution adopted under section 4 of this chapter;

(3) must include and adopt NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, 2001 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169;

(4) must be amended to adopt any subsequent edition of NFPA Standard 1126, including addenda, within eighteen (18) months after the effective date of the subsequent edition; and

(5) may provide for amendments to NFPA Standard 1126 as a condition of the adoption under subdivisions (3) and (4).

As added by P.L.25-2004, SEC.3. Amended by P.L.1-2006, SEC.348; P.L.101-2006, SEC.30.

IC 22-11-14.5-3Rules Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 3. The department of homeland security shall adopt rules under IC 4-22-2 to implement a statewide code concerning displays of indoor pyrotechnics. The rules:

(1) must require that a certificate of insurance be issued that provides general liability coverage of at least five hundred thousand dollars ($500,000) for the injury or death of any number of persons in any one (1) occurrence and five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence by an intended display of indoor pyrotechnics arising from any acts of the operator of the display or the operator's agents, employees, or subcontractors;

(2) must require the person intending to present the display to give, at least twenty four (24) hours before the time of the display, written notice of the intended display to the chief of the responding fire department of the location proposed for the display of the indoor pyrotechnics and to include with the written notice a certification from the person intending to display the indoor pyrotechnics that the display will be made in accordance with:

(A) the rules adopted under this section; and

(B) any ordinance or resolution adopted under section 4 of this chapter;

(3) must include and adopt NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, 2001 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169;

(4) must be amended to adopt any subsequent edition of NFPA Standard 1126, including addenda, within eighteen (18) months after the effective date of the subsequent edition; and

(5) may provide for amendments to NFPA Standard 1126 as a condition of the adoption under subdivisions (3) and (4).

As added by P.L.25-2004, SEC.3. Amended by P.L.1-2006, SEC.348; P.L.101-2006, SEC.30; P.L.152-2026, SEC.351.

IC 22-11-14.5-4Adoption of ordinance or resolution Sec. 4. A city, town, or county may adopt an ordinance or a township may adopt a resolution that:

(1) establishes requirements for displays of indoor pyrotechnics more stringent or detailed than the requirements established under this chapter; or

(2) bans the display of indoor pyrotechnics.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-5Precedence of rules Sec. 5. Except as provided in section 4 of this chapter, the rules adopted under section 3 of this chapter take precedence over:

(1) an ordinance adopted by a city, town, or county; or

(2) a resolution adopted by a township;

that covers the same subject matter as the commission's rules concerning indoor pyrotechnics.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-6Violations; Class C infraction Sec. 6. A person who violates a rule adopted under this chapter commits a Class C infraction.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-7Violations; property; Class C infraction Sec. 7. A person who knowingly allows an individual to commit a violation of a rule adopted under this chapter commits a Class C infraction if the violation is committed on property under the person's control.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-8Separate offenses Sec. 8. Each day that an infraction under this chapter occurs constitutes a separate infraction.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-9Violations; Class A misdemeanor Sec. 9. A person who causes serious bodily injury to a person as a result of a reckless violation of a rule adopted under this chapter commits a Class A misdemeanor.

As added by P.L.25-2004, SEC.3.

IC 22-11-14.5-10Violations; Level 6 felony Sec. 10. A person who causes serious bodily injury to a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Level 6 felony.

As added by P.L.25-2004, SEC.3. Amended by P.L.158-2013, SEC.256.

IC 22-11-14.5-11Violations; death; Level 6 felony Sec. 11. A person who causes the death of a person as a result of a reckless violation of a rule adopted under this chapter commits a Level 6 felony.

As added by P.L.25-2004, SEC.3. Amended by P.L.158-2013, SEC.257.

IC 22-11-14.5-12Violations; death; Level 5 felony Sec. 12. A person who causes the death of a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Level 5 felony.

As added by P.L.25-2004, SEC.3. Amended by P.L.158-2013, SEC.258.

IC 22-11-15Chapter 15. Regulation of Liquefied Petroleum Gas Containers

22-11-15-1Intent 22-11-15-2Definitions 22-11-15-3Owner identified containers; written authorization; unlawful acts; emergencies 22-11-15-4Unauthorized possession; presumptive evidence of unlawful use 22-11-15-5Criminal prosecution 22-11-15-5.1Civil actions; statute of limitations; costs and attorney's fees 22-11-15-6Violation; offense