(A) An owner requesting a variance from the provisions of this chapter that are not contained in a rule of the Commission shall apply in writing to the applicable Fire Prevention 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 is recognized as adequate for the purpose for which they are to be substituted.
(B) 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 and Life Safety Division.
(C) A variance shall be enforced in the same manner as an order issued under § 34.043 of this chapter.
(D) Whenever the Fire and Life Safety Division learns that an owner is in violation of the terms of a variance issued pursuant to this section, the Fire Marshal may order compliance as provided in § 34.042 with the variance or with this chapter.
(E) 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 it approved by the Commission.
(Prior Code, § 38-50) (Ord. 22-01, passed 2-14-2022)