Authority: IC 22-13-2-13

Affected: IC 22-15-3

Sec. 11. (a) This section does not authorize a variance from any rule adopted by the commission.

(b) The rules adopted by the commission do not prevent the use of:

1. (1) materials;
2. (2) methods of construction; or
3. (3) design procedures;

if they are not specifically prohibited in the rules and if they are approved under subsection (c) or (d).

(c) The division may, in the review of an application for a design release, consider as evidence of compliance with the rules adopted by the commission any evaluation report that contains limitations, conditions, or standards for alternative materials, method of construction, or design procedures and is published by an independent, nationally recognized testing laboratory that is accredited by the American Association for Laboratory Accreditation or any one (1) of the following:

1. (1) Factory Mutual Loss Prevention Data Sheets and test reports (FM).
2. (2) International Organization for Standardization (ISO) (ISO standards listed by the American National Standards Institute).
3. (3) International Electrotechnical Commission (IEC) (IEC standards listed by the American National Standards Institute).
4. (4) Japan Industrial Standards (JIS) that are found to be equivalent to ANSI standards.
5. (5) German Institute for Standards (Deutsches Institut fur Normung) (DIN) that are found to be equivalent to ANSI standards.
6. (6) French Standards Association (AFNOR) that are found to be equivalent to ANSI standards.
7. (7) Canadian Standards Association (CSA) that are found to be equivalent to ANSI standards.
8. (8) BOCA Evaluation Services, Inc., Building Officials and Code Administrators International (BOCA) (research reports).
9. (9) Council of American Building Officials (CABO) (National Evaluation Services (NES) evaluation reports).
10. (10) ICBO Evaluation Services Inc. International Conference of Building Officials (ICBO) (ICBO Evaluation Service Inc. evaluation reports).
11. (11) SBCCI Public Safety Testing and Evaluation Services, Inc., Southern Building Code Congress International (SBCCI) (compliance reports).
12. (12) International Association of Plumbing and Mechanical Officials (IAPMO) (Directory of Research Recommendations).

(d) The division may, in the review of an application for a design release, accept as evidence of compliance with provisions of the Indiana Building Code under 675 IAC 13, similar provisions of the ADA Accessibility Guidelines for Buildings and Facilities included as Appendix A, Standards for Accessible Design, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (28 CFR 36) as published in 56 FR 144 on July 26, 1991, on pages 35544 through 35691.

(Fire Prevention and Building Safety Commission; 675 IAC 12-6-11; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2693, 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.]; filed Oct 17, 1989, 11:05 a.m.: 13 IR 391; filed Sep 21, 1992, 9:00 a.m.: 16 IR 715; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2095; 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; filed Oct 27, 2009, 2:36 p.m.: 20091125-IR-675090186FRA; readopted filed Aug 8, 2012, 8:08 a.m.: 20120905-IR-675120260RFA; readopted filed Jul 3, 2018, 2:22 p.m.: 20180801-IR-675180204RFA; readopted filed Jun 10, 2024, 8:09 a.m.: 20240710-IR- 675230794RFA)