South Bend, IN asked in Construction Law, Municipal Law and Landlord - Tenant for Indiana

Q: Can a high rise apartment building block off one of only two fire escape exits in my building?

The building I live in is 9 stories tall and has two stairwells at each end of the building. There is one elevator that is very slow and breaks down every few months or so for a couple days at a time, and is operated by key fabs that have also malfunctioned. There is construction starting in our parking lot that was taken away from us unexpectedly with short notice and now they are planning on blocking off access to one of the two stair well exits, making only one stairwell exit available along with the elevator for an undetermined amount of time. If there is a fire at the end of the building where the only available stairway is available, all tenants of this building would then have no choice but to rely on the problematic slow elevator. Is this legal???

2 Lawyer Answers

A: An Indiana attorney could advise best, but your question remains open for three weeks. This may be something that fire marshals or other local officials involved in fire protection & public safety would have the most insight into. Good luck

James L. Arrasmith
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Answered

A: It's highly unlikely that your building can legally block one of the two required fire escape exits. Fire safety regulations typically mandate that multiple, unobstructed exits are available to ensure safe evacuation during emergencies. Blocking an exit compromises the safety of all residents and violates these essential codes.

You should raise this issue with your building management immediately, expressing your concerns about the blocked exit and the unreliable elevator. Document any communications and changes made to the building's safety features for your records.

If the response is inadequate, contact your local fire department or building safety authority. They can inspect the situation and enforce compliance with fire safety laws. Ensuring that all exits remain accessible is crucial for your safety and the safety of everyone in the building.

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