Introduced Version
HOUSE BILL No. 1062
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 22-12
;
IC 22-13-2-10
; IC 22-15.
Synopsis: Fire prevention and building safety fees. Allows the fire
prevention and building safety commission to adopt rules to establish
fees for the issuance of various permits and licenses relating to
regulated lifting devices and regulated boiler and pressure vessels.
Repeals statutes that set the fees relating to: (1) permitting and
inspection of regulated lifting devices; (2) permitting of an owner or
user for inspections of regulated boilers and pressure vessels; (3)
inspection of a regulated boiler or pressure vessel for the issuance of
a permit; (4) manufacturers using the inspection services of the office
of the state building commissioner; (5) a regulated boiler and pressure
vessel inspector license; and (6) an owner or user boiler and pressure
vessel inspection agency license.
Effective: July 1, 2002; April 1, 2003.
Tincher
January 8, 2002, read first time and referred to Committee on Ways and Means.
Introduced
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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HOUSE BILL No. 1062
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense, and military affairs.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-12-6-6; (02)IN1062.1.1. -->
SECTION 1.
IC 22-12-6-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) The commission
may adopt rules under
IC 4-22-2
setting a fee schedule for the
following:
(1) Fireworks display permits issued under
IC 22-11-14-2.
(2) Explosives magazine permits issued under
IC 22-14-4.
(3) Design releases issued under
IC 22-15-3.
(4) Certification of industrialized building systems and mobile
structures under
IC 22-15-4.
(5) Inspection of regulated amusement devices under
IC 22-15-7.
(6) Application fees for variance requests under
IC 22-13-2-11
and inspection fees for exemptions under
IC 22-13-4-5.
(7) Permitting and inspection of regulated lifting devices
under
IC 22-15-5.
(8) Permitting and inspection of regulated boiler and pressure
vessels under
IC 22-15-6.
(9) Licensing of:
(A) boiler and pressure vessel inspectors under
IC 22-15-6-5
; and
(B) an owner or user boiler and pressure vessel inspection
agency under
IC 22-15-6-6.
(b) Fee schedules set under this section must be sufficient to pay all
of the costs, direct and indirect, that are payable from the fund into
which the fee must be deposited, after deducting other money deposited
in the fund. In setting these fee schedules, the commission may
consider differences in the degree or complexity of the activity being
performed for each fee.
(c) The fee schedule set for design releases issued under subsection
(a)(3) may not be changed more than one (1) time each year. The
commission may include in this fee schedule a fee for the review of
plans and specifications and, if a political subdivision does not have a
program to periodically inspect the construction covered by the design
release, a fee for inspecting the construction.
(d) The fee schedule set under subsection (a) for design releases
may provide that a portion of the fees collected shall be deposited in
the statewide fire and building safety education fund established under
section 3 of this chapter.
SOURCE: IC 22-13-2-10; (02)IN1062.1.2. -->
SECTION 2.
IC 22-13-2-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2003]: Sec. 10. (a) A county, city,
or town may regulate regulated lifting devices if the unit's regulatory
program is approved by the commission.
(b) A unit must submit its ordinances and other regulations that
regulate lifting devices to the commission for approval. The ordinance
or other regulation is not effective until it is approved by the
commission. If any of these ordinances or regulations conflict with the
commission's rules, the commission's rules supersede the local
ordinance or other regulation.
(c) A unit may issue permits only to applicants who qualify under
IC 22-15-5.
However, the unit may specify a lesser fee than that set in
IC 22-12-6-9. under
IC 22-12-6-6
(a)(7).
(d) A unit must inspect regulated lifting devices with inspectors who
possess the qualifications necessary to be employed by the office of the
state building commissioner as a regulated lifting device inspector.
SOURCE: IC 22-15-5-1; (02)IN1062.1.3. -->
SECTION 3.
IC 22-15-5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2003]: Sec. 1. (a) The office shall
issue a regulated lifting device installation or alteration permit to an
applicant who qualifies under this section.
(b) To qualify for a permit under this section, an applicant must:
(1) demonstrate through the submission of complete plans that the
installation or alteration covered by the application will comply
with all applicable equipment laws; and
(2) pay the fee set under IC 22-12-6-9.
IC 22-12-6-6
(a)(7).
(c) The responsibilities of the office under this section may be
carried out by a political subdivision that is approved by the
commission under
IC 22-13-2-10.
SOURCE: IC 22-15-5-4; (02)IN1062.1.4. -->
SECTION 4.
IC 22-15-5-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2003]: Sec. 4. (a) The office shall
carry out a program for the periodic inspection of regulated lifting
devices being operated in Indiana. The office shall issue a regulated
lifting device operating permit to an applicant who qualifies under this
section.
(b) A permit issued under this section expires on the date set in the
rules adopted by the commission.
(c) To qualify for a permit under this section an applicant must:
(1) demonstrate through an inspection that the regulated lifting
device covered by the application complies with the laws
governing its construction, repair, maintenance, and operation;
and
(2) pay the fee set under IC 22-12-6-9.
IC 22-12-6-6
(a)(7).
(d) The office may issue a temporary operating permit to an
applicant under this section who does not comply with subsection
(c)(1). The applicant must pay the fee set under IC 22-12-6-9
IC 22-12-6-6
(a)(7) to qualify for the temporary operating permit.
Except as provided in subsection (e), the permit, including all renewal
periods, is limited to sixty (60) days.
(e) The state building commissioner may renew a temporary
operating permit issued under subsection (d) for thirty (30) day periods
during the construction of a building if the regulated lifting device is
used for the transportation of construction personnel, tools, and
materials.
(f) The responsibilities of the office under this section may be
carried out by a political subdivision that is approved by the
commission under
IC 22-13-2-10.
SOURCE: IC 22-15-6-2; (02)IN1062.1.5. -->
SECTION 5.
IC 22-15-6-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2003]: Sec. 2. (a) The office shall
conduct a program of periodic inspections of regulated boilers and
pressure vessels. The office or a boiler and pressure vessel inspector
acting under section 4 of this chapter shall issue a regulated boiler and
pressure vessel operating permit to an applicant who qualifies under
this section.
(b) Except as provided in subsection (d), a permit issued under this
section expires one (1) year after it is issued. The permit terminates if
it was issued by an insurance company acting under section 4 of this
chapter and the applicant ceases to insure the boiler or pressure vessel
covered by the permit against loss by explosion with an insurance
company authorized to do business in Indiana.
(c) To qualify for a permit under this section, an applicant must:
(1) demonstrate through an inspection that the regulated boiler or
pressure vessel covered by the application complies with the rules
adopted by the rules board; and
(2) pay the fee set under IC 22-12-6-10 and IC 22-12-6-11.
IC 22-12-6-6
(a)(8).
(d) The rules board may, by rule adopted under
IC 4-22-2
, specify
a period between inspections of more than one (1) year. However, the
rules board may not set an inspection period of greater than five (5)
years for regulated pressure vessels or steam generating equipment that
is an integral part of a continuous processing unit.
(e) The office may inspect a device listed under
IC 22-12-1-20
(b)
if the owner or operator of the device requests that the office make an
inspection.
SOURCE: IC 22-15-6-5; (02)IN1062.1.6. -->
SECTION 6.
IC 22-15-6-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2003]: Sec. 5. (a) The office shall
issue a boiler and pressure vessel inspector license to an applicant who
qualifies under this section.
(b) To qualify for a license under this section an applicant must:
(1) meet the qualifications set by the rules board in its rules;
(2) pass an examination approved by the rules board and
conducted, supervised, and graded as prescribed by the rules
board; and
(3) pay the fee set under IC 22-12-6-13.
IC 22-15-6-6
(a)(9).
(c) The rules board may exempt an applicant from any part of the
examination required by subsection (b) if the applicant has:
(1) a boiler and pressure vessel inspector's license issued by
another state with qualifications substantially equal to the
qualifications for a license under this section; or
(2) a commission as a boiler and pressure vessel inspector issued
by the National Board of Boiler and Pressure Vessel Inspectors.
SOURCE: IC 22-15-6-6; (02)IN1062.1.7. -->
SECTION 7.
IC 22-15-6-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2003]: Sec. 6. (a) The office shall
issue a license to act as an owner or user boiler and pressure vessel
inspection agency who qualifies under this section.
(b) A license issued under this section expires if the bond required
by subsection (c)(3) becomes invalid.
(c) To qualify for a license under this section an applicant must:
(1) submit the name and address of the applicant;
(2) submit proof that inspections will be supervised by one (1) or
more professional engineers licensed under IC 25-31 and
regularly employed by the applicant;
(3) provide a surety bond issued by a surety qualified to do
business in Indiana for five thousand dollars ($5,000), made
payable to the office and conditioned upon compliance with the
equipment laws applicable to inspections and the true accounting
for all funds due to the office; and
(4) pay the fee set under
IC 22-12-6-14.
IC 22-12-6-6
(a)(9).
(d) A licensee under this section shall maintain with the office the
most current name and address of the licensee and the name of the
professional engineer supervising the licensee's inspections and notify
the office of any changes within thirty (30) days after the change
occurs. An inspection agency that violates this subsection is subject to
a disciplinary action under
IC 22-12-7.
SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE
APRIL 1, 2003]:
IC 22-12-6-9
;
IC 22-12-6-10
;
IC 22-12-6-11
;
IC 22-12-6-12
;
IC 22-12-6-13
;
IC 22-12-6-14.