Precedence of rules adopted by commission; reference to rules;
ordinances
Sec. 3. (a) Except to the extent provided in subsection (c), the
rules adopted under section 2 of this chapter take precedence over:
(1) any rule adopted by a state agency that conflicts with the
commission's fire safety rules or building rules; and
(2) any ordinance or other regulation adopted by a political
subdivision that covers the same subject matter as the
commission's fire safety rules or building rules.
(b) State agencies and political subdivisions may incorporate the
rules adopted by the commission by reference into a rule, ordinance,
or other regulation. Notwithstanding IC 4-22-9-6, a reference to the
rules adopted by the commission, by citation to the Indiana
Administrative Code (IAC), shall be construed to include all
amendments as of the date that the reference is written and any later
amendments to that provision, unless accompanied by a reference to
a specific edition or supplement to the Indiana Administrative Code.
(c) A city, town, or county may adopt an ordinance that includes
more stringent or detailed requirements that do not conflict with the
commission's rules, but the ordinance is subject to approval under
section 5 of this chapter.
As added by P.L.245-1987, SEC.2.
Last modified: May 27, 2006