Authority: IC 22-13-2-13

Affected: IC 22-12-7-3; IC 22-13-2-11

Sec. 5.3. (a) Upon receipt of a completed variance application, the department shall either make a determination on the variance request, in accordance with the requirements of this rule, or place it on the commission's agenda for determination.

(b) If the department places a request for a variance on the commission's agenda for determination, only the commission may make a determination on the variance request.

(c) The decision to place a variance request on the commission's agenda for determination is within the sole discretion of the department. If the department places a variance request on the commission's agenda, the department shall also provide a copy of all properly submitted written comments to the commission.

(Fire Prevention and Building Safety Commission; 675 IAC 12-5-5.3; filed Apr 19, 2021, 10:23 a.m.: 20210512-IR-675200626FRA, eff Jul 1, 2021; readopted filed Jun 10, 2024, 8:09 a.m.: 20240710-IR- 675230794RFA)