Renewal of variances and waivers
Ind. Code § 12-17.2-2-12
in effectNote: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.
Sec. 12. (a) If the division determines that a waiver or variance expiring under section 11 of this chapter will continue to serve the public interest, the division may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to promote statewide practices and to protect the rights of persons affected by this article.
(b) Before taking an action under subsection (a), the division may require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form specified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care homes or foster homes, before taking an action under subsection (a), the division must obtain the approval of the department of homeland security for the action if either of the following occurs:
(1) The department of homeland security substantially changes a building rule or fire safety rule affected by the waiver or variance after the date the department of homeland security last approved the waiver or variance.
(2) The division substantially modifies any part of a waiver or variance that conflicts with a building rule or fire safety rule adopted by the department of homeland security.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.8; P.L.152-2026, SEC.197.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026
