Indiana Administrative Code
Title 675 - FIRE PREVENTION AND BUILDING SAFETY COMMISSION
Article 12 - ADMINISTRATION
Rule 5 - Variances
Section 5-5 - Application
Universal Citation: 675 IN Admin Code 5-5
Current through March 20, 2024
Authority: IC 22-13-2-13
Affected: IC 22-12-7-3; IC 22-13-2-11
Sec. 5.
(a) All information and documentation an applicant wishes to be considered as part of the applicant's variance request shall be included in the initial application.
(b) Notwithstanding subsection (a), additional information or documentation may be submitted by the applicant if all the following conditions are met:
(1) The additional information or
documentation:
(A) corrects an error or
mistake on the application;
(B) is
in response to a request from the department or the commission (whichever body
is making the determination) for additional information;
(C) is in response to information submitted
by the local building official, local fire official, or another interested
party;
(D) is offered at a meeting
with the department or the commission (whichever body is making the
determination) at which the variance request is heard; or
(E) clarifies the nature of the hardship or
the alternatives to compliance being offered.
(2) The additional information or
documentation does not materially change the variance request.
(3) Unless offered at a public meeting, the
applicant notifies the local building official and local fire official of the
submission of the additional information or documentation.
(c) A complete application for a variance shall include the following information:
(1)
The name and address of the following:
(A) The
applicant.
(B) The person
submitting the application if it is not submitted by the applicant.
(2) The address and county of the
premises or equipment for which the variance is being sought. If an address
does not exist, a specific identifiable description of the location of the
property that is acceptable to the department.
(3) If the variance involves a project for
which plans and specifications have been filed for a design release under
675 IAC 12-6, the
division's project number.
(4)
Identification (by specific citation) of the rule of the commission from which
the applicant requests a variance.
(5) Specific description of the rooms,
equipment, items, and location affected by the variance request.
(6) A statement of facts and supporting
evidence detailing:
(A) the undue hardship
that compliance with this rule will impose on the applicant; or
(B) how compliance with the rule will prevent
the preservation of an architecturally significant part of a building or other
structure.
(7) A
statement of facts and supporting evidence detailing:
(A) how noncompliance with the rule will not
be adverse to the public health, safety, or welfare; or
(B) alternative actions that the applicant
will undertake instead of compliance with the rule to ensure that the granting
of the variance will not be adverse to the public health, safety, or
welfare.
(8) A copy of
plans or drawings and supporting data that describe the area or equipment
affected by the requested variance. For boiler or pressure vessel variance
requests, the drawings of the equipment shall have all materials and dimensions
identified in the English language and USA units of measurement.
(9) If the variance concerns a regulated
boiler or pressure vessel, the applicant shall also include the following:
(A) American Society of Mechanical Engineers
Boiler and Pressure Vessel Code (ASME B&PVC) required calculations,
including relief device calculations where applicable, certified by a
professional engineer licensed in Indiana.
(B) Data for substitute materials, if the
variance request involves the use of non-ASME B&PVC approved
materials.
(C) A data sheet,
similar to an ASME B&PVC manufacturer data report, signed by the designated
representative after construction is complete.
(10) If arguing that similar variances have
been granted, a citation to the previously granted variances relied upon and an
explanation of how this request is similar to the previously granted
variances.
(11) The email address
of the local building official and local fire official. However, if filed on a
paper application, the application will not be considered complete until it has
been uploaded into the public portal.
(12) If the requested variance involves a
project for which plans and specifications have been, or are required to be,
filed for a design release under
675 IAC 12-6, an
affirmation by the design professional (if there is one or is required) that
the information contained in the application is accurate.
(13) If the application is submitted on the
applicant's behalf, an affirmation, under penalty of perjury, by the applicant
of the following:
(A) That the applicant is
aware of the variance request.
(B)
That the application is being made on the applicant's
behalf.
(14) An
affirmation, under penalty of perjury, by the:
(A) person submitting the application;
or
(B) applicant; that the
information contained in the application is true, accurate, and complete.
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