§ 94.045. VARIANCES, VARIANCE APPLICATION, AND APPLICATION FEES.

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(A) An owner or occupant requesting a variance from the state adopted fire and building laws as set forth by IC 22-13-2-11 shall apply for such from the Indiana Fire Prevention and Building Safety Commission in accordance with 675 IAC 12-5.
(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 IC22-13-2-11 shall apply in writing to the Fire 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 are recognized as adequate for the purpose for which they are to be substituted.
(C) An owner or occupant requesting a variance from this chapter shall be required to pay a fee of $138 to apply for such a variance request. Payment of the variance application fee does not guarantee that the variance will be approved by the Fire Chief after review. Fees for the application of a variance shall be made payable to the city.
(D) A variance may be granted only if the Fire 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 decision shall be retained in the respective file under the direction of the Injury Prevention Chief.
(E) A variance shall be enforced in the same manner as an order issued under § 94.040 with the variance of this chapter.
(F) Should the Fire Chief deny a variance request from this chapter, the owner or occupant filing the variance request shall have the right to appeal the decision of the Fire Chief to the Board of Public Works and Safety. Such appeal shall be initiated within 18 business days of the Fire Chief's decision.
(Ord. 1-2003, passed 5-5-03)

                    
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