Bill Text: IN HB1316 | 2010 | Regular Session | Introduced
Bill Title: Use of engineered lumber.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Local Government [HB1316 Detail]
Download: Indiana-2010-HB1316-Introduced.html
Citations Affected: IC 22-12-11.
Synopsis: Use of engineered lumber. Requires, after June 30, 2011,
a newly constructed Class 1 or Class 2 structure to have a placard
affixed to it that indicates whether the structure uses engineered
lumber. Requires the fire prevention and building safety commission
(commission) to adopt rules creating requirements governing: (1) the
design of a placard that identifies engineered lumber and the location
in the structure; and (2) the location of the placard. Requires a city,
town, or county (unit) to issue placards. Provides that a building permit
may not be issued unless the applicant is issued a placard from the unit.
Prohibits a unit from approving a structure on final inspection or
issuing a certificate of occupancy, unless a placard is affixed to the
structure. Requires a local agency issuing a building permit to send
written notification to the local fire department that has jurisdiction in
the area where the structure is located of the following: (1) The street
address of the property. (2) The name of the township and county in
which the structure is located. (3) The types of engineered lumber used.
(4) The location of the engineered lumber. Requires the chief of the fire
department or the chief's designee to: (1) provide the information to the
local emergency dispatch center; (2) post the information for all
emergency personnel; (3) provide the information to any fire
department providing mutual aid; and (4) add the structure to the
inspection file. Requires the local emergency dispatch center to
maintain information on each property. Requires the dispatcher to
notify the responding units of the information. Requires an owner to
maintain a placard affixed to the structure for the life of the structure.
Allows a unit to adopt an ordinance regulating the installation and
maintenance of placards on structures and providing a civil penalty, if
the ordinance does not conflict with state law.
Effective: Upon passage.
January 13, 2010, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Chapter 11. Use of Engineered Lumber
Sec. 1. (a) The commission shall adopt rules under IC 4-22-2 governing this chapter.
(b) This chapter and the rules adopted under this chapter apply only to new construction of:
(1) a Class 1 structure; and
(2) a Class 2 structure;
for which a building permit is issued after June 30, 2011.
(c) This chapter applies only to a unit that issues building permits. This chapter does not require a unit that does not issue building permits before July 1, 2011, to begin issuing building permits after June 30, 2011.
Sec. 2. As used in this chapter, "commission" means the fire prevention and building safety commission.
Sec. 3. (a) As used in this chapter, "engineered lumber" refers to a structural assembly that:
(1) is fabricated from:
(A) wood;
(B) metal;
(C) other component materials; or
(D) any combination of materials described in clauses (A) through (C);
(2) has less mass than sawn lumber members that would be used in an equivalent application;
(3) is assembled from combustible or noncombustible materials, or both; and
(4) supports a roof or floor, or both.
(b) The term does not include a structural assembly that provides a minimum of one (1) hour fire resistance when tested in accordance with ASTM Standard E119.
Sec. 4. As used in this chapter, "owner" means a person having control or custody of any structure to which this chapter applies.
Sec. 5. As used in this chapter, "unit" means a city, town, or county.
Sec. 6. (a) A structure that contains engineered lumber must have a placard affixed to the structure that meets the requirements of this chapter and the rules adopted by the commission.
(b) The commission shall design a placard using color coding and lettering that identifies both of the following:
(1) The types of engineered lumber used in the structure, including truss or engineered lumber.
(2) The location of engineered lumber used in the structure including floor joists or truss roof systems.
(c) The placard designed by the commission may not be:
(1) smaller than three and one-half (3 1/2) inches by four and one-half (4 1/2) inches; and
(2) larger than five (5) inches by five and one-half (5 1/2) inches.
Sec. 7. (a) The rules adopted under this chapter must require a placard to be permanently affixed:
(1) below the structure's electrical meter, if the structure has electrical service; or
(2) on the left side of the front entrance four (4) to six (6) feet above the ground, if the structure does not have electrical service.
(b) The rules required by this chapter may include more specific
requirements for the size, shape, material, and location of the
placards.
Sec. 8. (a) An applicant for a building permit must indicate on
the application:
(1) the types of engineered lumber used in the structure;
(2) the location of the engineered lumber used in the
structure; and
(3) any other information required by rule adopted by the
commission.
(b) The application form for a building permit must include a
place on the form for providing the information under subsection
(a).
Sec. 9. (a) As required by this chapter, an applicant for a
building permit may not be issued a building permit unless the
individual at the time of the application is issued a placard by the
local unit.
(b) The local unit shall charge an individual a fee for each
placard issued, not to exceed the cost of the placard.
Sec. 10. A unit may not:
(1) approve a structure on final inspection; or
(2) issue a certificate of occupancy for a structure;
unless a placard is affixed to the structure that meets the
requirements of the commission.
Sec. 11. (a) Not later than ten (10) business days after issuing a
building permit, the local agency that issued the building permit
shall send written notification to the local fire department that has
jurisdiction in the area where the structure is located. The
notification shall be sent by certified mail, return receipt requested.
(b) The notification must include the following information:
(1) The street address of the property.
(2) The name of the township and county in which the
structure is located.
(3) The types of engineered lumber used in the structure.
(4) The location of the engineered lumber by area within the
structure.
Sec. 12. Upon receiving a copy of the notification under section
11 of this chapter, the chief of the fire department or the chief's
designee shall:
(1) provide the information to the local emergency dispatch
center;
(2) post the information in a conspicuous place for all
emergency personnel;
(3) provide the information to any fire department providing mutual aid; and
(4) add the structure to the inspection file for follow up on a timely basis for inspection.
Sec. 13. Upon receiving a notification under section 12 of this chapter, the local emergency dispatch center shall maintain the information on each property, by the address of the property, that uses engineered lumber.When dispatching to the listed address, the dispatcher shall notify the responding units of the information.
Sec. 14. An owner of a structure shall ensure that the placard remains affixed to the structure during the life of the structure.
Sec. 15. (a) A unit may adopt an ordinance that regulates the installation and maintenance of placards on structures, if the ordinance does not conflict with this chapter.
(b) The ordinance may provide that if:
(1) the unit provides written notice to an owner that the owner has failed to install or maintain a placard on the structure in violation of this chapter or the rules of the commission; and
(2) the owner fails to correct the violation not later than ten (10) business days after receiving the written notice;
the owner is liable for a civil penalty of not more than one hundred dollars ($100) per day during the period beginning ten (10) business days after the owner receives written notice of the violation from the unit and until the date the violation is corrected. Notwithstanding IC 36-1-3-8, a penalty imposed under the ordinance may not exceed three thousand dollars ($3,000) per structure per year.
