Citations Affected: None (noncode).
Synopsis: Sprinkler systems in dorms. Requires a state educational
institution to install a fire suppression system throughout a dormitory.
Provides that the plans for the installation must be submitted to the
office of the state building commissioner. Requires the institution to
complete the installation by July 31, 2005. Creates the dormitory safety
fund to provide grants and loans to entities, other than state educational
institutions, that own dormitories recognized by a state educational
institution to install fire suppression systems. Appropriates $5,000,000
to the dormitory safety fund to provide grants and loans to entities that
own dormitories recognized by a state educational institution to install
fire suppression systems. Appropriates $5,000,000 to the state
educational institution fire suppression fund for appropriations for state
educational institutions to pay for installation of fire suppression
systems.
Effective: July 1, 2001.
January 18, 2001, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT concerning fire safety and to make an
appropriation.
SECTION 1. [EFFECTIVE JULY 1, 2001] (a) As used in this
SECTION, "commissioner" refers to the state building
commissioner.
(b) As used in this SECTION, "dormitory" means a building or
a 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 used by a
fraternity or sorority recognized by a state educational institution
or owned by a state educational institution. The term does not
include a residence or multiple dwelling that is not recognized by
or owned by a state educational institution.
(c) As used in this SECTION, "common areas" means the areas
within a building that are normally accessible to all residents,
including the corridors, lounge or lobby areas, and areas that
contain elements of fire hazards, such as boiler rooms.
(d) As used in this SECTION, "state educational institution" has
the meaning set forth in
IC 20-12-0.5-1.
(e) Notwithstanding any other law or rule, a dormitory at a state
educational institution must contain an automatic fire suppression
system in the common areas and the areas used for sleeping within
the dormitory as set forth in this SECTION.
(f) If the dormitory is not owned by the state educational
institution but recognized by the institution, the owner of the
dormitory is responsible for the installation required under this
SECTION.
(g) Not later than November 1, 2001, every state educational
institution or other entity responsible for a dormitory subject to
this SECTION shall file with the office of the state building
commissioner a plan outlining the installation of automatic fire
suppression systems in all dormitories.
(h) A plan filed under subsection (g) may cover installation
projects that were begun not earlier than July 1, 2000.
(i) The state educational institution or owner shall obtain a
design release under
IC 22-15-3
from the office of the state
building commissioner.
(j) An entity shall complete the installation required by this
SECTION as follows:
(1) At least twenty-five percent (25%) of the installation shall
be completed not later than July 31, 2002.
(2) At least fifty percent (50%) of the installation shall be
completed not later than July 31, 2003.
(3) At least seventy-five percent (75%) of the installation shall
be completed not later than July 31, 2004.
(4) All required installation shall be completed not later than
July 31, 2005.
(k) Upon application by the entity, the building commissioner
may extend the time frames set forth in subsections (g) and (j) upon
a showing that the time frame would pose an unreasonable
hardship for the entity, or that performance of the installation is
impossible for reasons outside the control of the entity by the date
set forth in subsection (j). When the request for an extension
concerns a building containing asbestos or a historic building,
there shall be a presumption in favor of granting the extension.
(l) The commissioner may adopt rules under
IC 4-22-2
as
necessary to implement this SECTION.
(m) The commissioner may adopt rules that exempt from the
requirements of this SECTION any type of building that the
commissioner may determine does not warrant the level of
protection provided in this SECTION based on the fire hazard
risk.
(n) This SECTION expires July 1, 2006.
SECTION 2. [EFFECTIVE JULY 1, 2001] (a) As used in this
SECTION, "applicant" means an entity other than a state
educational institution that owns a dormitory that is:
(1) recognized by a state educational institution; and
(2) required under SECTION 1 of this act to contain a fire
suppression system.
(b) As used in this SECTION, "fund" means the dormitory
safety fund created by this SECTION.
(c) As used in this SECTION, "state educational institution" has
the meaning set forth in
IC 20-12-0.5-1.
(d) The dormitory safety fund is created.
(e) The fund is a revolving fund created to provide grants and
loans to applicants for the installation of fire suppression systems
in accordance with SECTION 1 of this act.
(f) A successful applicant for a grant or loan from the fund must
meet the requirements of this SECTION, and the application must
be approved by the budget agency.
(g) An application for a grant or loan from the fund must be
made on a form prescribed by the budget agency. An applicant
shall provide all information that the budget agency finds
necessary to make the determinations required by this SECTION.
(h) In order to receive a grant or loan under this SECTION, an
applicant must have submitted a plan for the installation of a fire
suppression system to the office of the building commissioner and
received design approval as required under SECTION 1 of this act.
(i) The budget agency shall administer the fund. The fund
consists of appropriations from the general assembly and gifts and
grants to the fund.
(j) Upon recommendation of the budget agency, the state board
of finance shall establish the interest rate or parameters for
establishing the interest rate on each loan, including parameters
for establishing the amount of interest subsidies.
(k) The budget agency shall establish the terms and conditions
that the budget agency considers necessary or convenient to:
(1) make loans; or
(2) provide grants;
under this SECTION.
(l) The budget agency, after review by the budget committee,
may approve, deny, or modify grants and loans. Money in the fund
may not be used to provide a recurring source of revenue for the
normal operating expenditures of any project.
(m) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(n) The money in the fund at the end of a state fiscal year does
not revert to the state general fund but remains in the fund to be
used exclusively for the purposes of this SECTION.
(o) This SECTION expires July 1, 2006.
SECTION 3. [EFFECTIVE JULY 1, 2001] (a) As used in this
SECTION, "fund" refers to the state educational institution fire
suppression fund created under this SECTION.
(b) The state educational institution fire suppression fund is
created.
(c) The budget agency shall administer the fund. The fund
consists of appropriations from the general assembly and gifts and
grants to the fund.
(d) The fund is a revolving fund for the purpose of paying the
expenses of state educational institutions in installing fire
suppression systems as required under SECTION 1 of this act.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) This SECTION expires July 1, 2006.
SECTION 4. [EFFECTIVE JULY 1, 2001] (a) There is
appropriated to the state educational institution fire suppression
fund created under SECTION 3 of this act five million dollars
($5,000,000) from the state general fund beginning July 1, 2001,
and ending June 30, 2006. The budget agency shall use the money
appropriated under this SECTION to pay for the following:
(1) The costs of installing fire suppression systems in state
educational institutions as required under SECTION 1 of this
act.
(2) Any architectural, appraisal, consultant, engineering,
legal, or other professional fees incurred to carry out an
activity described in subdivision (1).
(b) Appropriations made under this SECTION may be spent
only after the expenditure is approved by the budget agency and
the budget committee.
(c) This SECTION expires July 1, 2006.
SECTION 5. [EFFECTIVE JULY 1, 2001] (a) As used in this
SECTION, "applicant" means an entity other than a state
educational institution that owns a dormitory that is:
(1) recognized by a state educational institution; and
(2) required under SECTION 1 of this act to contain a fire
suppression system.
(b) There is appropriated to the dormitory safety fund created
under SECTION 2 of this act five million dollars ($5,000,000) from
the state general fund beginning July 1, 2001, and ending June 30,
2006. The budget agency shall use the money appropriated under
this SECTION to do the following:
(1) Provide grants and loans to applicants for the installation
of fire suppression systems as required under SECTION 1 of
this act.
(2) Pay for any architectural, appraisal, consultant,
engineering, legal, or other professional fees incurred to carry
out the installation of fire suppression systems as required
under SECTION 1 of this act.
(c) Appropriations made under this SECTION may be spent
only after the expenditure is approved by the budget agency and
the budget committee.
(d) This SECTION expires July 1, 2006.