SENATE BILL No. 92
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-11-18.
Synopsis: Smoke detectors in nursing homes. Requires hard wired
smoke detectors (detectors) to be installed in certain health facilities.
Makes the failure to install the detectors a Class A infraction and a
Class D felony if bodily injury or death occurs as a result of a fire in the
Effective: July 1, 2007.
January 8, 2007, read first time and referred to Committee on Appropriations.
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 92
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-11-18-1; (07)IN0092.1.1. -->
SECTION 1. IC 22-11-18-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this
"Dwelling" means a residence with at least one (1) dwelling unit as
set forth in IC 22-12-1-4(a)(1)(B) and IC 22-12-1-5(a)(1).
"Health facility" means a health facility (as defined in
IC 16-18-2-167) that is licensed under IC 16-28 as a comprehensive
"Hotels and motels" means buildings or structures kept, maintained,
used, advertised, or held out to the public as inns or places where
sleeping accommodations are furnished for hire for transient guests.
"Owner" means a person having control or custody of any building
covered by this chapter.
"Person" means an individual, corporation, partnership, association,
or other legal entity.
"Smoke detector" means a device which senses visible or invisible
particles of combustion and conforms to the minimum standards for
type, components, and maintenance prescribed by the National Fire
"Seasonally occupied dwellings" means hotels and motels open to
the public for occupancy by guests only during any period of time
between April 15 and October 15 each year.
"Single level dwellings" means all single level (no more than one
(1) level above ground) hotels and motels that have no interior
corridors, and whose individual rooms have exterior exits.
SOURCE: IC 22-11-18-2; (07)IN0092.1.2. -->
SECTION 2. IC 22-11-18-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Except as
otherwise provided in this chapter, this chapter applies to all hotels,
motels, health facilities, and dwellings.
(b) This subsection does not apply to a health facility. A totally
sprinkled building (conforming to Uniform Building Code standards at
the time of construction) is exempt from the requirements of this
SOURCE: IC 22-11-18-3.3; (07)IN0092.1.3. -->
SECTION 3. IC 22-11-18-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3.3. (a) This section applies:
(1) only to a health facility; and
(2) after June 30, 2008.
(b) A health facility must have a smoke detector in the sleeping
room of each resident.
(c) The smoke detector must be hard wired into the electrical
system of the health facility.
(d) Except as provided in subsection (e), the smoke detector
must have dedicated battery backup. If a dedicated battery backup
smoke detector is used, the smoke detector must contain a tamper
resistant cover to protect the batteries. The division of fire and
building safety shall adopt rules detailing the specifications for the
tamper resistant cover.
(e) A health facility that has an emergency electric generator
that provides sufficient energy to power the smoke detector during
a power outage is exempt from the requirements of subsection (d).
SOURCE: IC 22-11-18-5; (07)IN0092.1.4. -->
SECTION 4. IC 22-11-18-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) An owner of a
hotel or motel who violates this chapter commits a Class A infraction,
except as provided by subsection (b).
(b) An owner of a hotel or motel commits a Class D felony if:
(1) the owner knowingly or intentionally violates section 3 of this
(2) bodily injury (as defined in
IC 35-41-1) IC 35-41-1-4)
of life occurs as a result of a fire in the building.
(c) A person who violates section 3.5 of this chapter commits a
Class D infraction.
(d) Except as provided in subsection (e), an owner of a health
facility who violates section 3.3 of this chapter commits a Class A
(e) An owner of a health facility commits a Class D felony if:
(1) the owner knowingly or intentionally violates section 3.3
of this chapter; and
(2) bodily injury (as defined in IC 35-41-1-4) or death occurs
as a result of a fire in the health facility.
SOURCE: IC 22-11-18-6; (07)IN0092.1.5. -->
SECTION 5. IC 22-11-18-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The state fire
marshal's office shall, as part of its normal inspection process, conduct
inspections of hotels,
and motels, and health facilities to determine if
the smoke detectors are installed and functioning in compliance with
(b) Except for common areas shared by at least three (3) dwellings,
a dwelling may not be inspected solely to determine compliance with
section 3.5 of this chapter unless the owner or occupant of the dwelling
(c) Any evidence of a violation of this chapter shall be turned over
to the prosecuting attorney of the county where the violation occurred.
SOURCE: ; (07)IN0092.1.6. -->
SECTION 6. [EFFECTIVE JULY 1, 2007] (a) Notwithstanding
IC 22-11-18-3.3(d), as added by this act, the division of fire and
building safety shall carry out the duties imposed upon the division
of fire and building safety under IC 22-11-18-3.3(d), as added by
this act, under interim written guidelines approved by the state fire
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 22-11-18-3.3(d), as
added by this act.
(2) January 1, 2010.