Ordinance 2026-09 Adopted on June 9, 2026

Ordinance 2026-09 Adopted on June 9, 2026 ORDINANCE NO. 2026-09 AN ORDINANCE ADOPTING THE INDIANA FIRE CODE AND ESTABLISHING CIVIL PENALTIES FOR VIOLATIONS WITHIN THE TOWN OF SELMA, INDIANA WHEREAS, the Town Council of the Town of Selma, Indiana finds it necessary to protect the public health, safety, and welfare of the citizens of the Town; and WHEREAS, the State of Indiana has adopted statewide fire safety regulations through the Indiana Fire Prevention and Building Safety Commission; and WHEREAS, Indiana law authorizes municipalities to adopt ordinances and impose civil penalties for ordinance violations pursuant to Indiana Code; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Selma, Indiana, as follows: IT IS THEREFORE ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF SELMA, INDIANA THAT: SECTION 1. Adoption of Indiana Fire Code The Indiana Fire Code, as adopted by the Indiana Fire Prevention and Building Safety Commission and codified at 675 IAC 22, including all future amendments thereto, is hereby adopted by reference as the Fire Code of the Town of Selma, Indiana. SECTION 2. Purpose The purpose of this Ordinance is to establish minimum fire safety regulations for the protection of life and property from fire hazards, hazardous materials, and unsafe conditions. SECTION 3. Enforcement Authority and Powers This Ordinance shall be enforced by the Town Fire Department, Fire Chief, Building Commissioner, or other official designated by the Town Council. The enforcing authority may: 1. conduct inspections; 2. issue notices of violation; 3. issue stop orders where authorized by law; 4. require correction of hazardous conditions;and 5. initiate enforcement proceedings. SECTION 4. Violations It shall be unlawful for any person to: 1. violate any provision of the Indiana Fire Code; 2. fail to comply with a lawful order issued under this Ordinance; 3. interfere with an inspection or enforcement action; or 4. maintain a condition prohibited by the Indiana Fire Code. SECTION 5. Civil Penalties Pursuant to Indiana Code §36-1-3-8(a)(10), the Town may impose civil penalties for violations of this Ordinance. Any person who violates this Ordinance or the Indiana Fire Code adopted herein shall be subject to: 1. a civil penalty not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for each violation, as authorized by Indiana Code §36-1-3-8(a)(10); and 2. any costs, fees, or expenses permitted by law. Each day that a violation continues after notice has been given shall constitute a separate violation. SECTION 6. Notice of Violation Prior to the imposition of a civil penalty, the enforcing authority shall provide written notice: 1. identifying the violation; 2. specifying corrective action required; and 3. providing a reasonable period for compliance, unless an emergency condition exists posing an immediate threat to life or property. SECTION 7. Enforcement Proceedings The Town Attorney may institute civil proceedings to: 1. collect unpaid penalties; 2. obtain injunctive relief; 3. compel compliance; or 4. pursue any other remedy authorized under Indiana law. SECTION 8. Appeals Any person aggrieved by an enforcement order or notice issued pursuant to this Ordinance may appeal such determination to the Town Council or other designated hearing authority within ten (10) days of issuance. SECTION 9. Conflicting Ordinances All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 10. Severability If any provision of this Ordinance is determined to be invalid, the remaining provisions shall remain in full force and effect. SECTION 11. Effective Date This Ordinance shall take effect upon passage, publication as required by law, and approval by the Indiana Fire Prevention and Building Safety Commission if required by Indiana law. DULY PASSED AND ADOPTED by the Town Council of the Town of Selma, Indiana on this, the 9th day of June, 2026. June 17 2026 LSBN0539600