Ind. Admin. Code tit. 675, r. 12-5-9 – Sanctions imposed on previously issued variances

Affected: IC 4-21.5-3-6; IC 4-21.5-3-7; IC 4-21.5-4; IC 22-12-7-6; IC 22-12-7-7; IC 22-13-2-11

Sec. 9. (a) The department or the commission (whichever body made the determination on the variance) may impose a sanction concerning a variance it has previously issued under IC 22-12-7-7. Available sanctions are as follows:

(1) Revocation.
(2) Suspension.
(3) Censure.
(4) Reprimand.
(5) Probation.

(b) The:

(1) department;
(2) commission;
(3) local fire official;
(4) local building official; and
(5) individuals affected by the variance;

may submit information to the commission concerning the desirability of the imposition of such a sanction.

(c) The department or the commission (whichever body issued the variance) may impose an appropriate sanction whenever one (1) or more of the following exists:

(1) The variance was obtained by the applicant by fraudulent or misleading statements or information.
(2) Notification of the required local officials required by section 5.1 of this rule was not given.
(3) There has not been compliance with an alternative requirement contained in the variance.
(4) Circumstances have materially changed since a variance was granted so that, if the sanction is not imposed, public health, safety, or welfare will be adversely affected.

(d) The order imposing a sanction shall be issued under the requirements of IC 4-21.5-3-6. If a petition for review is subsequently granted under IC 4-21.5-3-7, that order shall be deemed to have been merely a preliminary determination.

(e) Sanctions under this section may be imposed under IC 22-12-7-6 and IC 4-21.5-4 where appropriate.

(Fire Prevention and Building Safety Commission; 675 IAC 12-5-9; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2687, eff Aug 1, 1987 [ IC 4-22-2-36 suspends the effectiveness of a rule document for 30 days after filing with the Secretary of State. LSA Document #87-53 was filed Jul 17, 1987.]; errata, 11 IR 97; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2088; filed Nov 20, 2000, 3:25 p.m.: 24 IR 1001; errata filed Jan 31, 2001, 9:22 a.m.: 24 IR 1670; readopted filed Sep 11, 2001, 2:49 p.m.: 25 IR 530; filed Aug 30, 2006, 2:25 p.m.: 20060927- IR-675050108FRA; readopted filed Sep 21, 2007, 9:20 a.m.: 20071010-IR-675070388RFA; readopted filed Oct 10, 2007, 9:16 a.m.: 20071031-IR-675070388RFA; readopted filed Aug 8, 2012, 8:08 a.m.: 20120905-IR-675120260RFA; readopted filed Jul 3, 2018, 2:22 p.m.: 20180801-IR-675180204RFA; 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)