(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 State Fire Prevention and Building Safety Commission in accordance with 675 I.A.C. 12-5. A copy of the variance request will be made available to the City Fire Department Inspection Division.
(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 I.C. 22-13-2-11 shall apply in writing to the City Fire Marshal. 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 State Fire Marshal 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 an order issued under § 08.04.09.
(E) Whenever the City Fire Department learns that an owner of the property or business, whichever is pertinent, is in violation of the terms of a variance issued pursuant to this section, the City Fire Marshal or his or her designee may order compliance as provided in § 92.04.10 with the variance or with this code.
(Ord. 2009-10, passed 11-30-2009)