Authority: IC 22-13-2-13

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. (1) current rules of the commission for new construction for the proposed revised use of the building; or

2. (2) provisions of:

   1. (A) Chapter 34 of the Indiana Building Code ( 675 IAC 13-2.6-34); or

   2. (B) 675 IAC 12-13.

      1. 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

3. 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. (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. (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. (1) Wholesale and retail sales.
2. (2) Offices.
3. (3) Craft or hobby workshops.
4. (4) Storage and sales rooms for other than hazardous materials.
5. (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. (1) Class I child care homes.
2. (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. (1) The portion of the Class 1 structure being used for the residential occupancy is classified as A, B, E, or M occupancy.
2. (2) All existing exit signs shall be fully operational at all times.
3. (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. (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. (5) All fire alarm systems, including manual pull stations, smoke detectors, horns, and strobes shall:

   1. (A) be fully operational; and
   2. (B) have been tested in accordance with the rules of the commission within the preceding twelve (12) months.
6. Test documentation shall be maintained on the premises for inspection by the fire official.

7. (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:

   1. (A) tested at least monthly; and
   2. (B) kept fully operational at all times.
8. Test documentation shall be maintained on the premises for inspection by the fire official.
9. (7) No extension cords shall be used. Power strips with circuit breakers are permitted.
10. (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.

11. (9) Emergency evacuation plans shall be established in writing, including the following:

    1. (A) Procedures to be followed in case of emergencies.
    2. (B) The locations of exits.
    3. (C) Gathering places outside for assembly after evacuation in the event of a fire or other emergency.
12. All individuals using the building shall be trained in the emergency evacuation procedures.
13. (10) There shall be telephone access at all times for notification of emergencies.

14. (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:

    1. (A) showing the dates that people will be using the building for a residential occupancy; and
    2. (B) listing a contact phone number for a representative of the organization that uses the structure for residential purposes.

15. (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:

    1. (A) The entity that operates the facility for nonresidential purposes.
    2. (B) The organization that uses the structure for residential purposes.

16. (13) At least one (1) adult member, volunteer, or employee of the:

    1. (A) entity that operates the facility for nonresidential purposes; or
    2. (B) organization that uses the structure for residential purposes;
17. shall be awake and on duty at all times that people are sleeping in the building.

18. (14) There shall be at least one (1) adult member, volunteer, or employee of the:

    1. (A) entity that operates the facility for nonresidential purposes; or
    2. (B) organization that uses the structure for residential purposes;
19. on site for each fifteen (15) people who will be sleeping in the building.

(Fire Prevention and Building Safety Commission; 675 IAC 12-4-11; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2684, eff Aug 1, 1987 [ IC 4-22-2-36 suspends the effectiveness of a rule document for 30 days after filing with the Secretary of State. LSA Document #87- 53 was filed Jul 17, 1987.]; filed Jul 23, 1992, 1:00 p.m.: 15 IR 2585, eff Jun 1, 1992 [ IC 4-22-2-36 suspends the effectiveness of a rule document for thirty (30) days after filing with the Secretary of State. LSA Document #92-11 was filed Jul 23, 1992.]; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2084; errata filed Apr 15, 1998, 10:30 a.m.: 21 IR 3367; filed Nov 20, 2000, 3:25 p.m.: 24 IR 998; readopted filed Sep 11, 2001, 2:49 p.m.: 25 IR 530; filed Jun 25, 2004, 11:00 a.m.: 27 IR 3505; filed Aug 30, 2006, 2:25 p.m.: 20060927-IR-675050108FRA; readopted filed Sep 21, 2007, 9:20 a.m.: 20071010-IR-675070388RFA; readopted filed Oct 10, 2007, 9:16 a.m.: 20071031-IR- 675070388RFA; filed Mar 18, 2008, 2:34 p.m.: 20080423-IR-675070476FRA, eff 90 days after filing with the Publisher; readopted filed Aug 8, 2012, 8:08 a.m.: 20120905-IR-675120260RFA; filed Aug 1, 2014, 11:12 a.m.: 20140827-IR- 675130339FRA, eff Dec 1, 2014; readopted filed Jul 3, 2018, 2:22 p.m.: 20180801-IR-675180204RFA; readopted filed Jun 10, 2024, 8:09 a.m.: 20240710-IR-675230794RFA)