TITLE: Valet Trash Collection

DOCUMENT #: 2024-1-DHS

DATE ADOPTED: February 6, 2024

ADOPTED BY: Fire Prevention and Building Safety Commission

This document identifies whether "valet trash collection" is prohibited by the building and fire safety laws contained in 675 IAC.

Pursuant to IC 22-14-2-10 and IC 22-15-2-7, the Indiana Department of Homeland Security (IDHS) is required to carry out a program to enforce the building and fire safety laws throughout the state. In large part, this requires the IDHS to enforce the Indiana Building Code (IBC) and Indiana Fire Code (IFC), which are adopted by the Fire Prevention and Building Safety Commission (Commission) in 675 IAC. In enforcement of these codes, and in the enforcement of laws in general, activities or conditions are generally permissible unless a law prohibits said activity or condition. But, simply because an activity or condition isn't generally prohibited, does not mean that the activity or condition may exist in an unregulated state. On their face, these concepts seem simple and easily applied, however, over the course of time and based on the application of the law by different jurisdictions, these concepts can become lost, confused, or applied inconsistently.

Due to recent inquires and concerns surrounding how these concepts are being applied to "valet trash collection" operations, the IDHS issued this policy on January 15, 2024, to ensure the consistent application of the Commission's rules on "valet trash collection". On February 6, 2024, the Commission adopted this policy as its own.

"Valet trash collection" is a generally permissible activity under the current rules of the Commission. There is no general prohibition against the placement of trash receptacles in hallways or corridors found in the 2014 IBC or the 2014 IFC. It is not a violation of Section 1030.2 or 1030.3 of the 2014 IFC to place trash receptacles in exit accesses or means of egresses, so long as the required width is maintained open for full instant use.

However, while this activity is not generally prohibited, there are certain provisions that generally will regulate this activity depending on the specific circumstances. In general, these provisions include prohibitions on:

Therefore, based upon the above considerations, it is the policy of the IDHS and the Commission that "valet trash collection" is not prohibited by the rules of the Commission but simply must be conducted in a manner that complies with the generally applicable building and fire safety laws.