Affected: IC 12-17.2; IC 22-12-6-6; IC 22-13-2-2; IC
22-13-2-8; IC 36-8-17-13
Sec. 11.
(a) Any
building or structure lawfully in existence at the time of the adoption of any
rule of the commission for new construction may have its existing use or
occupancy continued without having to be altered to comply with such a
rule.
(b) No change in the
character or use of any building or structure shall be permitted that shall
cause the building or structure to be classified within a different occupancy
group or within a different division of the same occupancy group, unless the
building or structure complies with, or is made to comply with the:
(1) current rules of the commission for new
construction for the proposed revised use of the building; or
(2) provisions of:
(A) Chapter 34 of the Indiana Building Code
(675 IAC 13-2.6-34); or
(B)
675 IAC 12-13.
Exception: Buildings constructed before the April 30, 1998,
effective date of the 1998 Indiana Building Code (675 IAC
13-2.3) that change occupancy classification shall not
be considered as a change in occupancy as outlined as follows:
| Previous Classification | 1998 IBC
Classification |
| B-1 | S-3 |
| B-2 | B, F-1, M, S-1, and S-2 |
| B-3 | S-4 and S-5 |
| B-4 | F-2 and S-2 |
| Open Parking Garage | S-4 |
| M | U |
Any Class 1 structure that complied with the rules for a
"Previous Classification" may be used for any of the occupancy classifications
listed under the "1998 IBC Classification" column heading directly opposite the
column heading of "Previous
Classification" in the preceding chart, provided that the
"Previous Classification" was the classification for which the Class 1
structure was originally constructed and all subsequent classifications have
been within any of the occupancy classifications listed under the "1998 IBC
Classification" directly opposite the "Previous Classification" in the
preceding chart. Any owner or occupant of a Class 1 structure for which an
occupancy classification is changed in accordance with this section shall
provide written verification of the past occupancies of such Class 1
structure.
(c) The division may conduct an inspection to
determine that:
(1) a building or structure
may be exempted from the rules for new construction under
675 IAC 12-8 or
675 IAC 12-13; or
(2) a proposed change in character or use of
any Class 1 building or structure will not cause noncompliance with subsection
(b).
(d) Subsection (b)
shall not prohibit the following accessory uses within Class 2 structures
provided they are in one (1) room that does not exceed five hundred (500)
square feet in floor area:
(1) Wholesale and
retail sales.
(2)
Offices.
(3) Craft or hobby
workshops.
(4) Storage and sales
rooms for other than hazardous materials.
(5) Instructional classrooms for fewer than
twenty (20) adults or children when used not more than twelve (12) hours per
week or four (4) hours in any one (1) day.
(e) Subsection (b) shall not prohibit the
following accessory uses within Class 2 structures:
(1) Class I child care homes.
(2) Class II child care homes licensed in
accordance with IC 12-17.2.
(f) Subsection (b) shall not prohibit the use
of a Class 1 structure for residential occupancy not to exceed thirty (30) days
in a calendar year, if all of the following conditions are met:
(1) The portion of the Class 1 structure
being used for the residential occupancy is classified as A, B, E, or M
occupancy.
(2) All existing exit
signs shall be fully operational at all times.
(3) All means of egress shall be completely
clear and unobstructed. All rooms used for sleeping shall exit to a corridor or
exterior exit door.
(4) All
emergency lighting shall be fully operational at all times. If emergency
lighting is not installed in the building, it shall be installed in accordance
with the current Indiana building code.
(5) All fire alarm systems, including manual
pull stations, smoke detectors, horns, and strobes shall:
(A) be fully operational; and
(B) have been tested in accordance with the
rules of the commission within the preceding twelve (12) months. Test
documentation shall be maintained on the premises for inspection by the fire
official.
(6) For
buildings without an automatic alarm system, battery-operated smoke alarms
shall be located in each room or space in which people will be sleeping. These
alarms shall be:
(A) tested at least monthly;
and
(B) kept fully operational at
all times.
Test documentation shall be maintained on the premises for
inspection by the fire official.
(7) No extension cords shall be used. Power
strips with circuit breakers are permitted.
(8) Smoking within the building or buildings
shall be prohibited at all times. "No Smoking" signs shall be posted in all
areas used for residential purposes.
(9) Emergency evacuation plans shall be
established in writing, including the following:
(A) Procedures to be followed in case of
emergencies.
(B) The locations of
exits.
(C) Gathering places outside
for assembly after evacuation in the event of a fire or other emergency.
All individuals using the building shall be trained in the
emergency evacuation procedures.
(10) There shall be telephone access at all
times for notification of emergencies.
(11) The officer on duty at the nearest
responding fire station shall be notified that the building is being used for a
residential occupancy, and a calendar shall be provided to the fire station:
(A) showing the dates that people will be
using the building for a residential occupancy; and
(B) listing a contact phone number for a
representative of the organization that uses the structure for residential
purposes.
(12) All of
the members, volunteers, and employees of the following who are present when
the building is used for residential occupancy shall be trained in emergency
procedures and shall be equipped with flashlights:
(A) The entity that operates the facility for
nonresidential purposes.
(B) The
organization that uses the structure for residential purposes.
(13) At least one (1) adult
member, volunteer, or employee of the:
(A)
entity that operates the facility for nonresidential purposes; or
(B) organization that uses the structure for
residential purposes; shall be awake and on duty at all times that people are
sleeping in the building.
(14) There shall be at least one (1) adult
member, volunteer, or employee of the:
(A)
entity that operates the facility for nonresidential purposes; or
(B) organization that uses the structure for
residential purposes; on site for each fifteen (15) people who will be sleeping
in the building.
This version of section effective December 1, 2014. See
also preceding version of section, effective until December 1,
2014.
