(A) Requests for a variance from the rules of the Commission must be made to the State Department of Homeland Security in accordance with I.C. 22-13-2-11.
(B) (1) An owner or occupant requesting a variance from the provisions of this chapter that are not contained in a rule of the Commission set forth by I.C. 22-13-2-11 shall apply in writing to the applicable fire prevention chief.
(2) The granting of a variance shall be considered only upon the written application of the owner of the property, stating that:
(a) Practical difficulties have been encountered in the implementation of specific requirements of this chapter;
(b) Compliance with specific requirements of this chapter will cause unnecessary hardship to the owner; and
(c) The owner desires to take advantage of new methods or equipment which is 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 Fire Prevention Bureau.
(D) A variance shall be enforced in the same manner as an order issued under § 91.058 of this chapter.
(E) Whenever a Fire Prevention 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 § 91.057, with the variance or with this chapter.
(F) Pursuant to I.C. 22-13-2-7(c), variances granted by political subdivisions to the fire safety laws and building laws adopted in its ordinances are not effective until approved by the Commission.
(Ord. passed - -)