(A) This section is not applicable to subjects governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule, as defined at I.C. 22-13-1-3 or a building rule as defined at I.C. 22-13-1-2. See § 93.045 for a person's right to appeal subjects governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule, as defined at I.C. 22-13-1-3 or a building rule as defined at I.C. 22-13-1-2.
(B) This section is only applicable to provision which authority of jurisdiction has been delegated to the city by the Indiana Code (statute) or Title 675 of the Indiana Administrative Code.
(C) A person requesting a waiver from a specific provision of this chapter to provisions which are not under the authority of the Fire Prevention and Building Safety Commission shall apply in writing to the Fire Chief within five working days of the date of the notice of violation.
(D) The granting of a waiver 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; or
(2) Compliance with specific requirements of this chapter will cause unnecessary hardship to the owner.
(E) A waiver may be granted only if the Fire Chief determines in writing that:
(1) The requested modification will conform to fundamental requirements for safety as it pertains to specifics under the control of the political subdivision; or
(2) The granting of the waiver does not increase the risk of fire or danger.
(F) The Fire Chief, within ten business days following receipt of a waiver, shall either accept or reject the statement of practical difficulties and the hardship presented.
(G) A copy of accepted waiver granted, and all supporting information shall be retained by the Fire Department.
(H) A written copy of the decision shall be sent by certified mail to the applicant.
(I) Any owner or occupant may appeal the decision of the Fire Chief regarding waiver under this section, shall submit in writing to the Board of Public Works and Safety within ten business days following receipt of a decision rendered by the Fire Chief.
(J) The Board of Public Works and Safety shall hold a hearing after which they shall sustain, modify, or reverse the decision of the Fire Chief. A written copy of the decision shall be sent by certified mail to the applicant.
(K) If the Fire Department learns that a person has violated the terms of a waiver the Fire Chief, or his or her designee, may order compliance with said waiver.
(L) A person requesting a waiver shall be subject to an administrative fee established in § 93.150.
(Ord. 2017-35, passed 12-19-2017)