(A) An owner or occupant requesting a variance from state adopted fire and building laws as set forth by I.C. 22-13-2-11 shall apply for such with the 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 rules of the Commission as set forth by I.C. 22-13-2-11 shall apply in writing to the Fire Inspector. 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 Inspector 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 Fire Prevention Division.
(D) A variance shall be enforced in the same manner as an order issued under this chapter.
(E) Whenever the Bureau learns that an owner is in violation of the terms of a variance issued pursuant to this section, the Fire Inspector may order compliance as provided in a variance or with this code.
(Ord. CO-03-05, passed 8-25-03; Am. Ord. 14-08, passed 8-11-14)