Variances
Sec. 11. (a) The commission, the rules board, or the regulated
amusement device safety board established by IC 22-12-4.5-2 may
grant a variance to a rule that it has adopted.
(b) To qualify for a variance, an applicant must pay the fee set
under IC 22-12-6-6 and submit facts demonstrating that:
(1) compliance with the rule will impose an undue hardship
upon the applicant or prevent the preservation of an
architecturally significant or historically significant part of a
building or other structure; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by
the body adopting the rule;
will not be adverse to the public health, safety, or welfare.
(c) A variance granted under this section is conditioned upon
compliance with an alternative standard approved under subsection
(b)(2)(B).
(d) A variance granted under this section takes precedence over
conflicting rules adopted by a state agency and conflicting
ordinances and other regulations adopted by a political subdivision.
As added by P.L.245-1987, SEC.2. Amended by P.L.141-2003,
SEC.10.
Last modified: May 27, 2006