in-20250903-IR-675240566RAA: _________________________

TITLE 675 FIRE PREVENTION AND BUILDING SAFETY COMMISSION Readoption Review LSA Document #24-566 Title 675 IAC 14-4.4 - 2020 Indiana Residential Code, Fire Preventtion and Building Safety Commission

IX. Other State or Federal Requirements

Indiana, Kentucky, Michigan, Ohio, and Idaho have adopted a statewide residential code based on the International Residential Code (IRC). Indiana, Ohio, and Idaho use the 2018 version of the IRC, while Kentucky and Michigan use the 2015 version. However, effective August 29, 2025, Michigan will be using the 2021 IRC with its updated 2021 Michigan Residential Code. South Dakota does not have a statewide residential code. South Dakota requires any local building ordinance adopted by that local unit of government to adopt the 2021 IRC with its own amendments. Illinois does not have a statewide residential code. Illinois requires each municipality/county to adopt a residential code that, at minimum, meets the standards of the current or most preceding version of the IRC. The titles for each state’s residential code are: Each state has made the following number of amendments to its residential code: A review of federal regulations, along with corresponding rules in Illinois, Kentucky, Michigan, Ohio, South Dakota, and Idaho, found that none of these jurisdictions impose requirements less stringent than those outlined in the Indiana rule currently being readopted. There is no federal residential code; the federal government recommends the use of the IRC. Every state in the analysis – including Indiana – has adopted the model code, with some state-specific amendments. Therefore, there is no indication that Indiana’s codes are more stringent that those adopted elsewhere.

XI. Integration into Indiana Code

After a comprehensive internal review of the building and fire safety rules promulgated by the Indiana Fire Prevention and Building Safety Commission, the Indiana Department of Homeland Security has concluded that the current regulatory framework is no longer the most effective or appropriate method for addressing the substantive content of these rules. Rather, IDHS believes that such content would be more appropriately integrated into a statutory framework enacted by the Indiana General Assembly. The existing rulemaking process is inefficient. It is time-consuming, resource intensive, and procedurally rigid. It frequently delays the timely adoption of modernized safety standards. A statutory transition – led by the General Assembly and supported by the Executive – would allow for a more deliberate, transparent, and democratically accountable process. This statutory reform would bring Indiana’s approach to building and fire safety into alignment with modern expectation of legislative accountability, operational efficiency, and public trust.

IX. Other State or Federal Requirements

Indiana, Kentucky, Michigan, and Ohio have adopted a statewide electrical code based on the National Electrical Code. Indiana uses the 2008 version of the National Electric Code, while Kentucky, Michigan, and Ohio use the 2023 version of the National Electric Code. South Dakota does not have a stand-alone, statewide electrical code; however, they have strictly adopted the 2023 version of the National Electrical Code with amendments and have included it in Chapter 36-16 of the South Dakota Codified Law (SDCL). Idaho does not have a stand-alone, statewide electrical code; however, they have adopted the 2023 National Electrical code with amendments and have included it in IDAPA 24.39.10 “Rules of the Electrical Board.” Illinois does not have a statewide electrical code. Illinois requires each non-building code municipality/county to adopt an electrical code that, at minimum, meets the standards of the current or most preceding version of the National Electrical Code. The title for each state’s electrical codes are: Each state has made the following number of amendments to the electrical code: A review of federal regulations, along with corresponding rules in Illinois, Kentucky, Michigan, Ohio, South Dakota, and Idaho, found that none of these jurisdictions impose requirements less stringent than those outlined in the Indiana rule currently being adopted. There is no federal electrical code; the federal government recommends the use of the NEC. Every state in this analysis – including Indiana – has adopted the model code, with some state-specific amendments. Therefore, this is no indication that Indiana’s codes are more stringent than those adopted elsewhere.

XI. Integration into Indiana Code

After a comprehensive internal review of the building and fire safety rules promulgated by the Indiana Fire Prevention and Building Safety Commission, the Indiana Department of Homeland Security has concluded that the current regulatory framework is no longer the most effective or appropriate method for addressing the substantive content of these rules. Rather, IDHS believes that such content would be more appropriately integrated into a statutory framework enacted by the Indiana General Assembly. The existing rulemaking process is inefficient. It is time-consuming, resource intensive, and procedurally rigid. It frequently delays the timely adoption of modernized safety standards. A statutory transition – led by the General Assembly and supported by the Executive – would allow for a more deliberate, transparent, and democratically accountable process. This statutory reform would bring Indiana’s approach to building and fire safety into alignment with modern expectation of legislative accountability, operational efficiency, and public trust.

III. Analysis of fees, fines, and civil penalties under IC 4-22-2-19.6

There are no fees, fines, or civil penalties.

IX. Other State or Federal Requirements

Each state has adopted a swimming pool code; however, no state has adopted a swimming pool code based on a model code. Each state’s swimming pool code applies to public swimming pools/swimming facilities. South Dakota does not have a swimming pool code in its administrative rules. South Dakota has a document which includes recommended standards. The titles for each state’s swimming pool code are: There is no federal regulation governing swimming pools. Each of the states reviewed has implemented its own swimming pool code, developed independently of a national standard. These state codes contain requirements that closely align with those found in Indiana’s Swimming Pool rule now being readopted.

XI. Integration into Indiana Code

After a comprehensive internal review of the building and fire safety rules promulgated by the Indiana Fire Prevention and Building Safety Commission, the Indiana Department of Homeland Security has concluded that the current regulatory framework is no longer the most effective or appropriate method for addressing the substantive content of these rules. Rather, IDHS believes that such content would be more appropriately integrated into a statutory framework enacted by the Indiana General Assembly. The existing rulemaking process is inefficient. It is time-consuming, resource intensive, and procedurally rigid., It frequently delays the timely adoption of modernized safety standard. A statutory transition – led by the General Assembly and supported by the Executive – would allow for a more deliberate, transparent, and democratically accountable process. This statutory reform would bring Indiana’s approach to building and fire safety into alignment with modern expectation of legislative accountability, operational efficiency, and public trust.

IX. Other State or Federal Requirements

All sections of the Indiana Regulated Amusement Device Code – contained in Article 23 – have been repealed except for 675 IAC 23-1-62 and 63 (sections related to fees).1 Each corresponding code for Kentucky, Michigan, Ohio, Illinois, South Dakota, and Idaho includes more than just a “fees” section. The titles for each state’s amusement device code are: The following are standards that are cited in each state’s code: There is no federal standard that imposes requirements less stringent for amusement devices than those in Indiana’s rule. The same is true for all the other states included in this analysis.

XI. Integration into Indiana Code

After a comprehensive internal review of the building and fire safety rules promulgated by the Indiana Fire Prevention and Building Safety Commission, the Indiana Department of Homeland Security has concluded that the current regulatory framework is no longer the most effective or appropriate method for addressing the substantive content of these rules. Rather, IDHS believes that such content would be more appropriately integrated into a statutory framework enacted by the Indiana General Assembly. The existing rulemaking process is inefficient. It is time-consuming, resource intensive, and procedurally rigid. It frequently delays the timely adoption of modernized safety standards. A statutory transition – led by the General Assembly and supported by the Executive – would allow for a more deliberate, transparent, and democratically accountable process. This statutory reform would bring Indiana’s approach to building and fire safety into alignment with modern expectation of legislative accountability, operational efficiency, and public trust.

I. Statement Whether the Subject Matter Covered by the Rule Remains Carried out by the Agency

675 IAC 30: Rule 1 – Adoption by Reference; Title; Scope; Applicability; Violations; Exemptions from Inspection; Rule 3 – Administration; Rule 4 – Definitions; Rule 5 – General Requirements; Rule 6 – New Installations of Boilers (After July 1st, 1953); Rule 7 – New Installations of Unfired Pressure Vessels; Rule 8 – Existing Installations of Power Boilers; Rule 10 – Existing Installation of Heating Boilers (Prior to July 1st, 1953); Rule 11 – Existing Installations of Unfired Pressure Vessels (Prior to July 1st, 1953) are still covered and overseen by the Fire Prevention and Building Safety Commission (FPBSC).

II. Rationale for the Continued Need for the Rule

Collectively, the rules contained in Article 30 adopt by reference certain safety codes for establishing standards that govern the design, construction, installation, examination, inspection, repair, and alteration of regulated boilers and unfired pressure vessels in Indiana. There is a continued need for this rule to ensure the safety of regulated boilers and unfired pressure vessels.

IV. Cost-Benefit, Economic Impact Fiscal Impact, or Regulatory Burden Statements

A review was conducted on available previous cost benefit analyses, economic impacts, fiscal impacts, regulatory burden statements, and executive orders. No revisions or changes were necessary.

V. Alternative Methods of Achieving the Purpose of the Rule

Currently, there is no less costly or less intrusive means to minimize the impact of the rules on regulated entities.

VI. Complaints and Comments

There have been no significant complaints regarding this rule contained in the readoption. However, IDHS is generally aware that the public, construction industry, design community, and local enforcement bodies desire updates to fire safety and building rules. The Commission is aware of the generalized desire and is working diligently with multiple sub-committees to update the comprehensive set of Indiana fire safety and building rules to the most recent version of the promulgated national model codes.

VII. Difficulties Encountered

There have been no significant difficulties encountered by the Commission in administering the rules contained in the readoption – and regulated parties have not experienced significant difficulty in complying with the rules contained in this readoption.

VIII. Changes in Technology, Economic conditions, or Other Factors

There have been changes in technology, economic conditions, and other general conditions that impact the rules in this readoption. The Commission is currently embarking on a review of all of the most recently promulgated national model codes to update the Indiana fire safety and building rules. All codes that were adopted by reference – in the rules contained in this readoption – are actively being reviewed by the Commission or one of its sub-committees to account for changes in technology, economic conditions, or other general factors.

IX. Other State or Federal Requirements

Each state included in the comparative analysis has adopted a code related to boilers and pressure vessels. Each state has incorporated professional standards in its code, which are outlined below. The titles for each state’s boiler and pressure vessel code are: The following are standards cited in each code: The federal government nor any of the states included in the analysis have requirements less stringent than Indiana’s Boiler and Pressure Vessels rule being readopted. The Indiana rule references standards that are consistent with the corresponding federal and state regulations.

X. Previous Amendments

The rule was last amended in April, 2021.

XI. Integration into Indiana Code

After a comprehensive internal review of the building and fire safety rules promulgated by the Indiana Fire Prevention and Building Safety Commission, the Indiana Department of Homeland Security has concluded that the current regulatory framework is no longer the most effective or appropriate method for addressing the substantive content of these rules. Rather, IDHS believes that such content would be more appropriately integrated into a statutory framework enacted by the Indiana General Assembly. The existing rulemaking process is inefficient. It is time-consuming, resource intensive, and procedurally rigid. It frequently delays the timely adoption of modernized safety standards. A statutory transition – led by the General Assembly and supported by the Executive – would allow for a more deliberate, transparent, and democratically accountable process. This statutory reform would bring Indiana’s approach to building and fire safety into alignment with modern expectation of legislative accountability, operational efficiency, and public trust.

XII. Contact Information of Staff to Answer Substantive Questions

Name: Kaitlin O’Neill Position: Director of Boards and Commissions Phone Number: 463-312-5424 Email Address: koneill@dhs.in.gov Notice of Public Comment Period for Rule Readoption: 20250903-IR-675240566RNA Notice of Determination Received: August 20, 2025