Renewal of variances and waivers
Ind. Code § 31-27-2-10
in effectNote: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.
Sec. 10. (a) If the department determines that a waiver or variance expiring under section 9 of this chapter will continue to serve the public interest, the department 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 chapter.
(b) Before taking an action under subsection (a), the department 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 department.
(2) Provide the information required by the department.
(c) Except for a variance or waiver of a rule governing foster family homes, before taking an action under subsection (a), the department must obtain the approval of the department of homeland security, or if applicable, the state building commissioner, for the action if either of the following occurs:
(1) The department of homeland security or state building commissioner changes a building requirement or fire safety rule adopted by the department of homeland security affected by the waiver or variance after the date the department of homeland security or state building commissioner last approved the waiver or variance.
(2) The department 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.145-2006, SEC.273. Amended by P.L.152-2026, SEC.471.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026
