Introduced Version






HOUSE BILL No. 1077

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-13-6.

Synopsis: Fire partitions. Requires newly constructed and remodeled dormitories and senior housing projects to contain fire partitions.

Effective: Upon passage.





Tincher




    January 8, 2007, read first time and referred to Committee on Veterans Affairs and Public Safety.







Introduced

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1077



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-13-6; (07)IN1077.1.1. -->     SECTION 1. IC 22-13-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 6. Fire Partitions in Senior Housing and Student Housing
    Sec. 1. This chapter applies to a senior housing project or dormitory that is:
        (1) newly constructed; or
        (2) remodeled or altered to increase the floor area or height;
after June 30, 2008.
    Sec. 2. As used in this chapter, "common areas" means the areas within a building that:
        (1) are normally accessible to all residents, including the corridors, lounge, or lobby areas; or
        (2) contain elements of fire hazards, such as boiler rooms.
    Sec. 3. (a) As used in this chapter, "dormitory" means a building or part of a building containing rooms that are provided

as residences for overnight sleeping for individuals or groups. The term includes a residence or multiple dwelling that is:
        (1) used by a fraternity or sorority recognized by a university; or
        (2) owned by a university.
    (b) The term does not include a residence or multiple dwelling that is not recognized by or owned by a university.
    Sec. 4. As used in this chapter, "senior housing project" means a building or part of a building that:
        (1) is used for lodging or boarding of at least four (4) senior residents who are not related by blood or marriage to the owners or operators of the project, for the purpose of providing personal care services; and
        (2) has at least three (3) dwelling units.
    Sec. 5. As used in this chapter, "senior resident" means an individual who is at least sixty-two (62) years of age.
    Sec. 6. As used in this chapter, "university" means the following:
        (1) A state educational institution (as defined in IC 20-12-0.5-1).
        (2) A private college or university.
    Sec. 7. Except as provided in section 8 of this chapter, a dormitory or a senior housing project must be constructed:
        (1) of noncombustible fire resistive construction as set forth in the building law; and
        (2) with fire partitions located:
            (A) between each individual living unit to form each individual living unit as a fire compartment; and
            (B) in all:
                (i) exit corridors;
                (ii) enclosed exit stairways;
                (iii) occupancy separations as set forth in the building law;
                (iv) exterior load bearing walls; and
                (v) interior load bearing walls.
    Sec. 8. Except as provided in section 9(4) of this chapter, a dormitory or senior housing project that:
        (1) contains in the common areas and the areas used for sleeping an automatic sprinkler system in compliance with the building law; and
        (2) complies with section 7(2) of this chapter;
is not required to be of noncombustible fire resistive construction

but may be of any construction type allowed by the building law.
    Sec. 9. The rules adopted by the commission under this chapter must provide the following:
        (1) An opening in a fire partition in a dormitory or senior housing project must be protected with at least a ninety (90) minute fire protection rating.
        (2) A fire partition in a dormitory or senior housing project must have a sound transmission coefficient of at least fifty (50).
        (3) A dormitory or senior housing project that:
            (A) has an automatic sprinkler system; and
            (B) complies with section 7 of this chapter;
        may be of unlimited area. If the dormitory or senior housing project is remodeled, the dormitory or project may increase in building height by twenty-five percent (25%).
        (4) A floor assembly in a new dormitory or a new senior housing project must:
            (A) have at least a two (2) hour fire resistance rating; and
            (B) be of noncombustible fire resistive construction.
    Sec. 10. If a dormitory is not owned by the university with which it is associated but is recognized by the university, the owner of the dormitory is responsible for complying with the requirements of this chapter.
    Sec. 11. The owner of a dormitory proposed for construction must obtain a design release for the dormitory under IC 22-15-3 from the office of the state building commissioner before constructing the dormitory.
    Sec. 12. The commission shall adopt rules under IC 4-22-2 necessary to implement this chapter.

SOURCE: ; (07)IN1077.1.2. -->     SECTION 2. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "commission" refers to the fire prevention and building safety commission established by IC 22-12-2-1.
    (b) The commission shall adopt rules under IC 4-22-2 to implement IC 22-13-6, as added by this act, not later than January 1, 2008.

     (c) This SECTION expires July 1, 2009.
SOURCE: ; (07)IN1077.1.3. -->     SECTION 3. An emergency is declared for this act.