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Indiana Code Title 36. Local Government § 36-8-17-9

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 9. (a) A fire department may issue orders under IC 4-21.5-3-6 to require a person to cease and correct a violation of the fire safety laws.  The order must grant a reasonable time in which to correct a violation of law covered by the order.

(b) A fire department may issue an emergency or temporary order under IC 4-21.5-4 if the fire department determines that conduct or a condition of property:

(1) presents a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;

(2) is prohibited without a permit, registration, certification, release, authorization, variance, exemption, or other license required under IC 22-14 or another statute administered by the department and the license has not been issued;  or

(3) will conceal a violation of law.

(c) An emergency or other temporary order issued under subsection (b) must be approved by the state fire marshal.  The approval may be communicated orally to the fire department.  However, the department shall maintain a written record of the approval.

(d) An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the following, singly or in combination:

(1) Require a person who has taken a substantial step toward violating a fire safety law or has violated a fire safety law to cease and correct the violation.

(2) Require a person who has control over property that is affected by a violation to take reasonable steps to:

(A) protect persons and property from the hazards of the violation;  and

(B) correct the violation.

(3) Require persons to leave an area that is affected by a violation and prohibit persons from entering the area until the violation is corrected.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-8-17-9 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-8-17-9/

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