§ 34-2. Applicability.

(a)

The provisions of this chapter and the building and fire safety rules and regulations of the state fire prevention and building safety commission shall apply equally to new and existing buildings and conditions existing within the city excepting:

(1)

Conditions legally in existence at the adoption of the ordinance from which this chapter is derived and not in strict compliance therewith shall be permitted to continue so long as they are maintained in a condition that is equivalent to the quality and fire-resistive characteristics that existed when the building was constructed, altered, added to or repaired.

(2)

The transportation of any article or substance under the jurisdiction of and in compliance with the regulations prescribed by the military forces of the United States.

(b)

Nothing in this chapter shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by the city governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings specifically provided herein. When any provision of this chapter is found to be in conflict with any building, zoning, safety, health or other applicable law, ordinance or code of the city, existing on the effective date of the ordinance from which this chapter is derived or hereafter adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

(c)

The planning, design and construction of new buildings and structures to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the building rules of the Indiana Fire Prevention and Building Safety Commission; and any alterations, additions or changes in buildings required by the provisions of this chapter which are within the scope of the building rules shall be made in accordance therewith.

(d)

Buildings built under and in full compliance with the building and fire safety laws and rules in force at the time of construction or alteration thereof, and that have been properly maintained and used for such use as originally permitted, shall be exempt from the requirements of this chapter pertaining to any of the following matters:

(1)

Fire protection of structural elements.

(2)

Exits required, except as provided for existing buildings under this chapter.

(3)

Isolation of hazardous operations and mixed uses; provided, however, that the fire chief shall require the installation of safety devices or systems (fire extinguishers, fire alarms, fire detection devices or similar systems) where they are necessary to provide safety to life. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the fire chief shall prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property. Any orders issued by the fire chief to obtain compliance with this subsection (3) shall be governed by the provisions of IC 36-8-17-9(d).

(Code 1985, § 93.03; Ord. No. 3372, 5-7-1990)