(A) The provisions of this subchapter and the building and fire safety rules of the state Fire Prevention and Building Safety Commission shall apply equally to new and existing buildings and conditions. Exceptions:
(1) Existing conditions which do not constitute a distinct hazard to life or property; or
(2) The transportation of any articles 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 subchapter 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 subchapter 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 this subchapter 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 state Fire Prevention and Building Safety Commission; and alterations, additions, or changes in buildings required by the provisions of this subchapter which are within the scope of those 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 the use as originally permitted, shall be exempt from the requirements of this subchapter pertaining to any of the following matters:
(1) Fire protection of structural elements;
(2) Exits required, except as provided for existing buildings under this subchapter;
(3) Isolation of hazardous operations and mixed uses; provided, however, that the Fire Chief shall require the installation of fire 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 division shall be governed by the provisions of I.C. 36-8-17-10.
(1987 Code, § 6-202) (Ord. 11, 1988, passed 7-24-1988)