§ 31-27-2-10 — Renewal of variances and waivers

(a) If the department determines that a
waiver or variance expiring under section 9 of this chapter will
continue to serve the public interest, the department 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 chapter.
(b) Before taking an action under subsection (a), the department
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 department.
(2) Provide the information required by the department.
(c) Except for a variance or waiver of a rule governing foster family
homes, before taking an action under subsection (a), the department
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 department 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.145-2006, SEC.273.