Variances.
Indianapolis-Marion County Revised Code § 591-246
in effectSee. 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)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH591FIPRPR_ARTIIADEN_DIV4ENPR_SEE._591-246VAFetched: 10/27/2026