Section 675IAC12-5-5. Application

   A completed application for a variance shall include the following information either on the application form or, if appropriate, as an attachment:

(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 for which the variance is being sought.

(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, etc., involved.

(6) A specific description of either of the following:

(A) The undue hardship that compliance with this rule will impose on the applicant.

(B) How compliance with the rule will prevent the preservation of an architecturally significant part of a building or other structure and the information required by section 7 of this rule.

(7) A statement:

(A) that noncompliance with the rule will not be adverse to the public health, safety, or welfare and a specific explanation as to why that is so; or

(B) alternative actions that the applicant would be willing to 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 and a specific explanation as to why it or they would be adequate.

(8) One (1) set of plans or drawings (eleven (11) inches × seventeen (17) inches or smaller) and supporting data that describe the area affected by the requested variance and any alternatives proposed by the applicant.

(9) Any information that the applicant believes may be helpful to the commission and its staff in evaluating a variance request, such as photographs.

(10) Written documentation that the:

(A) local fire department; and

(B) local building official;

are aware of the nature of the variance.

(11) Written documentation that each of the local fire official and local building official is aware of the variance shall consist of one (1) or more of the following:

(A) A letter from each of the local fire official and the local building official on their respective official stationery stating that a copy of the variance application has been received.

(B) A copy of any of the following:

(i) A certified mail return receipt from each of the local fire official and the local building official, together with a copy of the variance application, signed by the local fire official or local building official, as applicable, or their respective authorized representatives.

(ii) Any one (1) of the following stating that a copy of the variance application has been received:

(AA) An electronic mail communication from an authorized representative of the local fire official or local building official.

(BB) A facsimile communication, on the local fire official's or local building official's letterhead, from the local fire official or local building official.

(CC) A letter from the applicant to each of the local fire official and local building official, signed by the local fire or building official, as applicable, showing receipt of a copy of the variance application.

(12) If the requested variance involves a project for which plans and specifications have been, or must be, filed for a design release under 675 IAC 12-6, a signed statement by the design professional (if there is one) that the information contained in the application is accurate.

(13) If the application is submitted on the applicant's behalf, a signed statement under penalty of perjury by the applicant of the following:

(A) That he or she is aware of the variance request.

(B) That it is made on his or her behalf.

(14) A signed statement under penalty of perjury by the:

(A) person submitting the application; or

(B) applicant;

that the information contained in the application is accurate.

(Fire Prevention and Building Safety Commission; 675 IAC 12-5-5; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2686, 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.]; errata, 11 IR 97; filed Aug 10, 1994, 10:40 a.m.: 17 IR 2859; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2086; filed Nov 20, 2000, 3:25 p.m.: 24 IR 1000; 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)