Section 675 IAC 12-5-5 - ApplicationAuthority: IC 22-13-2-13
Affected: IC 22-12-7-3; IC 22-13-2-11
Sec. 5.
(a) All information and documentation an applicant wishes to be considered as part of the applicant's variance request shall be included in the initial application.(b) Notwithstanding subsection (a), additional information or documentation may be submitted by the applicant if all the following conditions are met: (1) The additional information or documentation:(A) corrects an error or mistake on the application;(B) is in response to a request from the department or the commission (whichever body is making the determination) for additional information;(C) is in response to information submitted by the local building official, local fire official, or another interested party;(D) is offered at a meeting with the department or the commission (whichever body is making the determination) at which the variance request is heard; or(E) clarifies the nature of the hardship or the alternatives to compliance being offered.(2) The additional information or documentation does not materially change the variance request.(3) Unless offered at a public meeting, the applicant notifies the local building official and local fire official of the submission of the additional information or documentation.(c) A complete application for a variance shall include the following information:(1) The name and address of the following:(B) The person submitting the application if it is not submitted by the applicant.(2) The address and county of the premises or equipment for which the variance is being sought. If an address does not exist, a specific identifiable description of the location of the property that is acceptable to the department.(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, items, and location affected by the variance request.(6) A statement of facts and supporting evidence detailing: (A) the undue hardship that compliance with this rule will impose on the applicant; or(B) how compliance with the rule will prevent the preservation of an architecturally significant part of a building or other structure.(7) A statement of facts and supporting evidence detailing: (A) how noncompliance with the rule will not be adverse to the public health, safety, or welfare; or(B) alternative actions that the applicant will 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.(8) A copy of plans or drawings and supporting data that describe the area or equipment affected by the requested variance. For boiler or pressure vessel variance requests, the drawings of the equipment shall have all materials and dimensions identified in the English language and USA units of measurement.(9) If the variance concerns a regulated boiler or pressure vessel, the applicant shall also include the following: (A) American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME B&PVC) required calculations, including relief device calculations where applicable, certified by a professional engineer licensed in Indiana.(B) Data for substitute materials, if the variance request involves the use of non-ASME B&PVC approved materials.(C) A data sheet, similar to an ASME B&PVC manufacturer data report, signed by the designated representative after construction is complete.(10) If arguing that similar variances have been granted, a citation to the previously granted variances relied upon and an explanation of how this request is similar to the previously granted variances.(11) The email address of the local building official and local fire official. However, if filed on a paper application, the application will not be considered complete until it has been uploaded into the public portal.(12) If the requested variance involves a project for which plans and specifications have been, or are required to be, filed for a design release under 675 IAC 12-6, an affirmation by the design professional (if there is one or is required) that the information contained in the application is accurate.(13) If the application is submitted on the applicant's behalf, an affirmation, under penalty of perjury, by the applicant of the following: (A) That the applicant is aware of the variance request.(B) That the application is being made on the applicant's behalf.(14) An affirmation, under penalty of perjury, by the:(A) person submitting the application; or(B) applicant; that the information contained in the application is true, accurate, and complete. 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-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