(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 Title 675, Article 12 of the Indiana Administrative Code.
(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 Fire 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 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 division.
(D) A variance shall be enforced in the same manner as any order issued this chapter.
(E) Whenever the Fire Department learns that an owner is in violation of the terms of a variance issued pursuant to this section, the Fire Chief or his designee may order compliance with the variance or with this Code.
(Ord. 6569, passed 12-8-08)