Section 675IAC12-5-6. Consideration of applications

   (a) A completed variance application may be reviewed by the commission's staff before its consideration by the commission. Accordingly, and to allow for mailing of the application to commission members for their review, no variance request shall be placed on the commission's agenda for any meeting of the commission scheduled for a date less than twenty-eight (28) calendar days subsequent to the receipt of the variance request, except where the applicant would be prejudiced by having to wait for a later meeting because of excessive loss of time or unreasonable cost. Otherwise, a completed variance application shall be placed on the agenda for the first meeting scheduled later than twenty-eight (28) calendar days subsequent to the receipt of the completed variance application. If an application is not properly completed within thirty (30) days of its receipt by the commission's staff, the application shall be placed on the agenda for the next scheduled meeting of the commission with a notation that the application is not complete.

  (b) The commission's staff may hold informal meetings with the applicant or representatives, or both, in the course of its review of a variance application.

  (c) At its discretion, the commission's staff may make a recommendation to the commission concerning a variance request.

  (d) The applicant may submit additional information or materials before the mailing date on which meeting information is mailed by staff to members of the commission before the commission's meeting at which the variance will be considered in order to clarify either of the following:

(1) The nature of the hardship or difficulty of compliance.

(2) The equal alternative or alternatives being offered.

  (e) At the commission's meeting at which the variance is on the agenda, participation by the applicant or representative is at the discretion of the commission.

  (f) If any additional factors, not considered by the commission's staff in its review of the variance application, arise during consideration of the variance application at the meeting, the commission may table the variance until its next meeting to allow for further review.

  (g) If the commission grants the variance, it may, if appropriate, impose requirements other than those suggested by the applicant.

  (h) Any application for variance, pending or tabled for lack of information requested by the staff or the commission, after three (3) consecutive months, may be placed on the commission's agenda for determination. The commission shall base its determination on the written information provided by the applicant.

  (i) The commission shall not grant a variance to any application that has been applied for, for which there is no violation of the commission's rules.

  (j) An order granting or not granting a variance shall be issued following the requirements of IC 4-21.5-3-4. If a petition for review is subsequently granted under IC 4-21.5-3-7, that order shall be deemed merely to have been a preliminary determination. (Fire Prevention and Building Safety Commission; 675 IAC 12-5-6; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2687, 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 2087; filed Nov 20, 2000, 3:25 p.m.: 24 IR 1001; 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)