fire inspectors association of indiana

The FIAI continues to monitor potential legislative processes that would affect how we do our jobs. A complete list of bills is available online at:

http://184.175.130.101/legislative/2021/bills/

The following bills are of particular interest:

• HB 1270: Department of homeland security. Amends the administrative orders and procedures act to allow for an initial notice of determination to be served by electronic mail or any other method approved by the Indiana Rules of Trial Procedure. (Under current law, the initial notice of determination may be served only by United States mail or personal service.) Repeals provisions concerning the division of planning and assessment, division of preparedness and training, division of emergency response and recovery, and division of fire and building safety (divisions). Assigns all duties of the divisions to the executive director of the department of homeland security (department) or the department generally. Establishes a fire chief executive training program (executive training program). Provides that after January 1, 2022, a newly appointed fire chief of a political subdivision must successfully complete the executive training program within one year of appointment. Makes corresponding changes and technical corrections.

• HB 1322: Building and fire safety codes. Requires the fire prevention and building safety commission to adopt, by rule, and maintain: (1) the International Plumbing Code of the International Code Council; (2) the International Building Code of the International Code Council; (3) the International Mechanical Code of the International Code Council; (4) the International Fuel Gas Code of the International Code Council; (5) the International Fire Code of the International Code Council; (6) the International Energy Conservation Code of the International Code Council; (7) NFPA 70, the National Electrical Code of the National Fire Protection Association; and (8) NFPA 72, the National Fire Alarm and Signaling Code of the National Fire Protection Association.

• HB 1476: Reorganization of municipality and township. Allows a municipality in a county (excluding Marion County) to reorganize with a township that has at least 70% of its population within the municipality, if: (1) the municipality adopts a reorganization plan; and (2) more than 50% of the sum of all voters in the municipality and the unincorporated area of the township approve the reorganization plan. Allows the reorganized political subdivision to provide township assistance within the former boundaries of the reorganizing township by contracting with nonprofit organizations.

• HB 1114: Residential building design elements. Prohibits a municipality from regulating design elements of residential structures. Specifies certain exclusions from this prohibition. Provides that any rule, ordinance, or other regulation that conflicts with the prohibition is void. Provides that a person aggrieved by a violation of the bill's provisions may file, in a court having jurisdiction, a petition to obtain an injunction against the violation.

• HB 1116: Piping materials for public works projects. Defines "acceptable piping material" as piping material that: (1) meets certain recognized standards; and (2) meets the performance specifications for the public works contract. Provides, for purposes of the law on public works projects of state agencies and political subdivisions, including design-build public works projects, that the specifications or design criteria package must allow bidding in open competition for acquisition of acceptable piping materials for use in the public works project. Provides, however, that a public works project's engineer is not limited in selecting any acceptable piping materials that meet the requirements of the public works project.

• SB 226: Fire marshals and fire investigators. Provides that a person employed as a fire marshal or fire investigator by a political subdivision is: (1) recognized as an Indiana first responder; (2) eligible for a line of duty death benefit from the state special death benefit fund; and (3) for purposes of disability benefit eligibility in the 1977 fund and 1937 fund, presumed to have incurred a disability in the line of duty if diagnosed with a disease related to exposure to a known carcinogen or an adverse substance or condition.

• HB 1033: Residency of police officers and firefighters. Removes the requirement that an individual residing in a county that is noncontiguous to a county in which a city is located live not more than 50 miles from a boundary of the city to be a member of that city's police or fire department.

• HB 1065: Fire protection territories. Provides that the procedure for adopting an ordinance or resolution to establish a fire protection territory (territory) applies to expanding an existing territory. Provides that an ordinance or resolution establishing or expanding a territory must include an agreement as to the disposition of the territory's property when a participating unit withdraws or the territory is dissolved. Specifies that with regard to an ordinance or resolution to establish or expand a territory, the unit must hold three separate public hearings to hear public comment regarding the proposed territory before adoption of the ordinance or resolution, with the last public hearing held not later than 10 days before the ordinance or resolution is adopted. Establishes residency requirements for members of a joint executive board of a territory.

• HB 1106: Fire and emergency medical service levy. Authorizes the board of fire trustees (board) of a fire protection district (district) that consists of territory located in west Porter Township in Porter County to adopt a resolution providing that, in addition to any other powers and duties, the district shall establish, operate, and maintain emergency medical services within the territory of the fire protection district. Provides a procedure for the board to obtain an increase of the district's maximum permissible ad valorem property tax levy for fire and emergency medical services if the board adopts such a resolution.

• HB 1145: Local regulation of fireworks. Changes: (1) the dates on which a county or municipal ordinance may limit or prohibit the use of fireworks in the county or municipality; and (2) the types of fireworks to which such an ordinance may apply.

• HB 1161: Regulation of fireworks. Authorizes a county, city, or town to adopt an ordinance limiting or prohibiting the use of certain types of fireworks within the jurisdiction of the county, city, or town, with certain restrictions. Establishes dates on which a county, city, or town ordinance may not limit or prohibit the use of certain types of fireworks in the county, city, or town.

• HB 1320: Fireworks excise tax. Establishes the COVID-19 fireworks public safety fee fund for the purpose of assisting certain public safety and medical personnel who have encountered direct hardship due to COVID-19. Raises the public safety fee on the retail sales of fireworks from 5% to 10%. Provides that 50% of the public safety fee is to be deposited in the state general fund and 50% of the public safety fee is to be deposited in the COVID-19 fireworks public safety fee fund.