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FIRE PREVENTION AND BUILDING SAFETY COMMISSION
Department of Homeland Security

NONRULE POLICY DOCUMENT

TITLE: Classification of Structures Used Solely for Live Fire Training Purposes
DOCUMENT #: 2021-2-DHS
DATE ADOPTED: September 3, 2021
ADOPTED BY: Indiana Department of Homeland Security – Division of Fire and Building Safety


Overview
This document identifies whether structures intended to be used by a fire department, solely for live fire training purposes, are Class 1 structures and, therefore, required to be constructed in accordance with the building laws contained in 675 IAC, including the requirement to obtain a construction design release prior to the commencement of construction.

Background
Pursuant to IC 22-14-2-10, among other things, the Indiana Department of Homeland Security (IDHS) is required to carry out a program to enforce building laws that apply to Class 1 structures. As part of this program, an initial determination must be made regarding whether something is a Class 1 structure. Generally, if a structure is classified as a Class 1 structure, a construction design release must be obtained prior to construction and construction must occur in accordance with the building and fire safety laws contained in 675 IAC. Structures and other things which are not Class 1 structures are not required to obtain a design release prior to construction and, unless classified as a Class 2 structure, are not required to comply with the building laws contained in 675 of the IAC.

For the most part, Class 1 structures encompass buildings and structures that are intended to be occupied or used by the public, three or more tenants, or employees of another. See IC 22-12-1-4. In most cases, the determination that must be made is whether a structure should be classified as a Class 1 structure as opposed to a Class 2 structure. However, in some instances, questions arise as to whether something is considered a regulated structure at all (i.e. whether the structure is neither Class 1 nor Class 2). These questions may be raised due to issues concerning whether the structure is intended to be used or occupied, whether the structure is intended to be occupied by the class of occupants identified in the statute, or whether the thing in question is a structure at all or is equipment or something else. This precise issue has been raised concerning the construction of structures by fire departments for live fire training purposes. In arriving at the policy below, the IDHS relies heavily on its understanding of the primary purpose of the regulatory framework governing Class 1 structures – to generally regulate the construction of buildings and other similar or associated structures for the purpose of protecting those who may use or occupy the building or structure from the hazards associated with its construction.

Policy
Structures intended to be used solely for live fire training purposes by a fire department are not considered Class 1 structures, under IC 22-12-1-4, as they are not intended to be used or occupied in accordance with the customary meaning of those terms. These are structures in which normal use and occupancy is not intended and in which imposition of building or fire safety laws would unnecessarily interfere with their primary purpose. However, if the structure is used for any other purposes or contains training classrooms, offices, restrooms, or any other spaces intended to be used for anything other than live fire training, then this policy does not apply, and the structure may be regulated as a Class 1 structure.

Posted: 09/08/2021 by Legislative Services Agency

DIN: 20210908-IR-675210398NRA
Composed: Mar 28,2024 1:53:47PM EDT
A PDF version of this document.