Indiana § 22-13-2-3 - Precedence of rules adopted by commission; reference to rules; ordinances

§ 22-13-2-3. Precedence of rules adopted by commission; reference to rules; ordinances

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

Sec. 3. (a) The rules adopted under section 2 of this chapter take precedence over:

(1) any rule adopted by a state agency that conflicts with the commission's fire safety rules or building rules; and

(2) any ordinance or other regulation adopted by a political subdivision that covers the same subject matter as the commission's fire safety rules or building rules.

(b) State agencies and political subdivisions may incorporate the rules adopted by the commission by reference into a rule, ordinance, or other regulation. Notwithstanding IC 4-22-9-6, a reference to the rules adopted by the commission, by citation to the Indiana Administrative Code (IAC), shall be construed to include all amendments as of the date that the reference is written and any later amendments to that provision, unless accompanied by a reference to a specific edition or supplement to the Indiana Administrative Code.

(c) A city, town, or county may not adopt an ordinance that conflicts with or includes more stringent or detailed requirements than the commission's rules.

As added by P.L.245-1987, SEC.2. Amended by P.L.104-2018, SEC.4; P.L.155-2023, SEC.7.

IC 22-13-2-3Precedence of rules adopted by department; incorporation by reference; prohibition on conflicting or more stringent local ordinances Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 3. (a) The rules adopted under section 2 of this chapter take precedence over:

(1) any rule adopted by a state agency that conflicts with the department's fire safety rules or building rules; and

(2) any ordinance or other regulation adopted by a political subdivision that covers the same subject matter as the department's fire safety rules or building rules.

(b) State agencies and political subdivisions may incorporate the rules adopted by the department by reference into a rule, ordinance, or other regulation. Notwithstanding IC 4-22-9-6, a reference to the rules adopted by the department, by citation to the Indiana Administrative Code (IAC), shall be construed to include all amendments as of the date that the reference is written and any later amendments to that provision, unless accompanied by a reference to a specific edition or supplement to the Indiana Administrative Code.

(c) A city, town, or county may not adopt an ordinance that conflicts with or includes more stringent or detailed requirements than the department's rules.

As added by P.L.245-1987, SEC.2. Amended by P.L.104-2018, SEC.4; P.L.155-2023, SEC.7; P.L.152-2026, SEC.376.