Sec. 11. (a) The department or the commission may grant a variance to any rule adopted by the commission. However, the commission may grant a variance under this section only if the department places the application for the variance on the commission's agenda.

(b) To qualify for a variance, an applicant must pay the fee set under IC 22-12-6-6 and file an application, on a form approved by the department, that contains facts demonstrating that:

(1) compliance with the rule will impose an undue hardship upon the applicant or prevent the preservation of an architecturally significant or historically significant part of a building or other structure; and

(2) either:

(A) noncompliance with the rule; or

(B) compliance with an alternative requirement approved by the body considering the variance application;

will not be adverse to the public health, safety, or welfare.

(c) A variance granted under this section is conditioned upon compliance with an alternative standard approved under subsection (b)(2)(B).

(d) A variance granted under this section takes precedence over conflicting rules adopted by a state agency and conflicting ordinances and other regulations adopted by a political subdivision.

(e) Variances granted by the boiler and pressure vessel rules board and the regulated amusement device safety board prior to July 1, 2019, are valid and remain in full force and effect.

(f) The department shall make all variance applications available for review on a public portal.

(g) Local fire and building officials shall receive notice of variance applications filed under this section within their respective jurisdictions.

(h) A local fire official, local building official, or other interested party may submit documentation regarding a variance application to the department or commission for review and consideration prior to an initial determination being made on the application by the department or the commission.

(i) The department or commission shall wait at least five (5) business days after a variance application is filed before making an initial determination on the application.

(j) The commission may adopt emergency rules under IC 4-22-2-37.1 to implement this section. An emergency rule adopted under this subsection expires not later than July 1, 2021.

As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003, SEC.10; P.L.249-2019, SEC.24.