Section 675IAC12-5-2. Definitions

   (a) The definitions in this section apply throughout this rule.

  (b) "Applicant" or "applicant for a variance" means the person who would be in violation of a rule of the commission if he or she:

(1) maintained the conditions sought to be legalized by a variance; and

(2) did not obtain the variance.

This person is usually the owner of the premises in question.

  (c) "Architecturally significant" means the same as historically significant.

  (d) "Completed application" means an application for variance that contains all of the information and documentation required under section 5 of this rule.

  (e) "Design professional" means a registered architect or professional engineer who is registered under IC 25-4 or IC 25-31.

  (f) "Historically significant" means any structure that is important to the:

(1) general;

(2) archaeological;

(3) agricultural;

(4) economic;

(5) social;

(6) political;

(7) architectural;

(8) industrial; or

(9) cultural;

history of the United States or of Indiana.

  (g) "Staff" or "commission's staff" means personnel of the department who serve as staff for the commission.

  (h) "Undue hardship" means unusual difficulty in meeting the requirements of the rules of the commission because of any of the following:

(1) Physical limitations of a construction site or its utility services.

(2) Major operational problems in the use of a building or structure.

(3) Excessive costs of additional or altered construction elements.

(Fire Prevention and Building Safety Commission; 675 IAC 12-5-2; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2685, eff Aug 1, 1987 [IC 4-22-2-36 suspends the effectiveness of a rule document for 30 days after filing with the Secretary of State. LSA Document #87-53 was filed Jul 17, 1987.]; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2085; readopted filed Sep 11, 2001, 2:49 p.m.: 25 IR 530; filed Aug 30, 2006, 2:25 p.m.: 20060927-IR-675050108FRA; readopted filed Sep 21, 2007, 9:20 a.m.: 20071010-IR-675070388RFA; readopted filed Oct 10, 2007, 9:16 a.m: 20071031-IR-675070388RFA; readopted filed Aug 8, 2012, 8:08 a.m.: 20120905-IR-675120260RFA)