§ 12-17.2-2-12 — Renewal of variances and waivers

Indiana § 12-17.2-2-12

• Jurisdiction: Indiana
• Art. 17.2: DAY CARE REGULATION
• Ch. 2: General Powers and Duties of the Division

Text

(a) If the division determines that a waiver
or variance expiring under section 11 of this chapter will continue to
serve the public interest, the division may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to
promote statewide practices and to protect the rights of persons
affected by this article.
(b) Before taking an action under subsection (a), the division may
require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form
specified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care
homes or foster homes, before taking an action under subsection (a),
the division must obtain the approval of the fire prevention and
building safety commission for the action if either of the following
occurs:
(1) The fire prevention and building safety commission
substantially changes a building rule or fire safety rule affected by
the waiver or variance after the date the commission last approved
the waiver or variance.
(2) The division substantially modifies any part of a waiver or
variance that conflicts with a building rule or fire safety rule
adopted by the fire prevention and building safety commission.

Legislative History

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.8.