§ 591-246 — Variances

See. 591-246. - Variances.

(a) An owner or occupant requesting a variance from state adopted fire and building laws as set forth by IC 22-13-2-11 shall apply for such with the Indiana Fire Prevention and Building Safety Commission in accordance with the 675 IAC 12-5. (b) An owner or occupant requesting a variance from the provisions of this chapter that are not part of the state adopted fire and building laws as set forth by IC 22-13-2-11 shall apply in writing to the applicable fire prevention chief. The granting of a variance shall be considered only upon the written application of the owner of the property, stating that: (1) Practical difficulties have been encountered in the implementation of specific requirements of this chapter; (2) Compliance with specific requirements of this chapter will cause unnecessary hardship to the owner; and (3) The owner desires to take advantage of new methods or equipment which are recognized as adequate for the purpose for which they are to be substituted. (c) A variance may be granted only if the fire prevention chief determines in writing that: (1) The requested use or modification will conform with fundamental requirements for safety; and (2) the granting of the variance does not increase the risk of fire or danger to the public. A copy of any variance granted shall be retained by the bureau. (d) A variance shall be enforced in the same manner as an order issued under section 591-242 of this chapter. (e) Whenever a bureau learns that an owner is in violation of the terms of a variance issued pursuant to this section, the fire prevention chief may order compliance as provided in section 591-247 with the variance or with this Code.

(G.O. 43, 2002, § 2)