Indiana Code 22-11-18-3.5. Dwellings; installation of smoke detectors
(b) A rule or an ordinance is not voided or limited by this section if the rule or ordinance:
Terms Used In Indiana Code 22-11-18-3.5
- Dwelling: means a residence with at least one (1) dwelling unit as set forth in IC 22-12-1-4(a)(1)(B) and IC 22-12-1-5(a)(1). See Indiana Code 22-11-18-1
- Owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-18-1
- Person: means an individual, corporation, partnership, association, or other legal entity. See Indiana Code 22-11-18-1
- Smoke detector: means a device which senses visible or invisible particles of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. See Indiana Code 22-11-18-1
(2) is at least as stringent as the requirements of this section.
(c) A dwelling must have at least one (1) functional smoke detector installed as follows:
(1) According to the manufacturer’s instructions.
(2) Outside of each sleeping area in the immediate vicinity of the bedrooms.
(3) On the ceiling or a wall not less than four (4) inches or more than twelve (12) inches from the ceiling. However, a smoke detector may not be recessed into a ceiling.
(4) On each additional story of the dwelling, including basements, cellars, and habitable attics. Unless there is a door between levels in dwellings with split levels, a smoke detector must be installed only on the upper level if the lower level is less than one (1) full story below the upper level.
(d) All smoke detectors must be:
(1) battery operated or hard wired into the dwelling’s electrical system;
(2) accessible for servicing and testing; and
(3) maintained and at least one (1) time every six (6) months tested by the occupant to ensure that the smoke detector is in operational condition.
(e) Each owner or the manager or rental agent of the owner is responsible for:
(1) the installation of a required smoke detector; and
(2) the replacement and repair of a required smoke detector within seven (7) working days after the owner, manager, or rental agent is given written notification of the need to replace or repair the smoke detector.
(f) A person may not tamper with or remove a smoke detector except when necessary for maintenance purposes.
(g) A unit (as defined in IC 36-1-2-23) may adopt an ordinance concerning dwellings that:
(1) includes more stringent or detailed requirements than those set forth in this chapter; and
(2) does not conflict with this chapter.
As added by P.L.176-1991, SEC.4.