- (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.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.580; P.L.187-2021, SEC.150.