675 IAC 12-5-6.2 Determinations

Sec. 6.2. (a) The department or the commission (whichever body is making the determination) shall wait at least five (5) business days following posting of a completed variance application to the public portal and payment of the variance application fee before making a determination on a variance request. (b) The department or the commission (whichever body is making the determination) may grant a variance if the applicant: (1) is able to demonstrate by substantial and reliable evidence that: (A) compliance with the rule would cause an undue hardship or would affect an architecturally significant part of the structure; and (B) noncompliance with the rule, taking into account any alternatives to compliance, would not be adverse to the health, safety, or welfare of the public. (c) The department or the commission (whichever body is making the determination) may impose conditions on the variance other than those suggested by the applicant. (d) An order granting or denying a variance shall be issued as required by IC 22-12-7-3. (e) All determinations on a variance request from a rule contained in 675 IAC 30 may only be made following consultation with an industry expert as defined in IC 22-13-2-14.1. (f) The department shall submit a report to the commission of all variance determinations made by the department since the commission's last meeting.