Section 675 IAC 12-5-2 - DefinitionsAuthority: IC 22-13-2-13
Affected: IC 22-12-7-3; IC 22-13-2-11; IC 25-4; IC 25-31
Sec. 2.
(a) The definitions in this section apply throughout this rule.(b) "Applicant" means the person who would be in violation of a rule of the commission if the person: (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) "Department" means the Indiana department of homeland security.(f) "Design professional" means a registered architect or professional engineer who is registered under IC 25-4 or IC 25-31.(g) "Historically significant" means any structure that is important to the:(9) cultural; history of the United States or of Indiana.(h) "Local building official" means the chief official of the county, city, or town responsible for enforcing the building laws of the commission that serves the jurisdiction in which the property related to the variance application is located. However, where enforcement of the building laws of the commission, upon the property related to the variance application, is within the sole authority of the state or the scope of the variance applies statewide, the term "local building official" means the state building commissioner.(i) "Local fire official" means the chief of the fire department serving the jurisdiction in which the property related to the variance application is located. However, if the scope of the variance applies statewide or no chief serves the jurisdiction in which the property related to the variance is located, the term "local fire official" means the state fire marshal.(j) "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. This definition does not apply to a request for a variance from the rules of the commission found in 675 IAC 30.
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-675120260RFAReadopted filed 7/3/2018, 2:22 p.m.: 20180801-IR-675180204RFAFiled 4/19/2021, 10:23 a.m.: 20210512-IR-675200626FRA, eff 7/1/2021Readopted filed 6/10/2024, 8:09 a.m.: 20240710-IR-675230794RFA