1. (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.

2. (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. (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. (2) either:

      1. (A) noncompliance with the rule; or

      2. (B) compliance with an alternative requirement approved by the body adopting the rule;

         will not be adverse to the public health, safety, or welfare.

3. (c) A variance granted under this section is conditioned upon compliance with an alternative standard approved under subsection (b)(2)(B).
4. (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.