1. (1) Where a variance request is necessary to issue a building permit the department shall allow the applicant a reasonable time to submit the following:

   1. (a) a variance request that includes the building code being varied;
   2. (b) a statement of undue hardship; and
   3. (c) alternative building plans to protect health, safety, and security.
2. (2) The department shall inform the applicant in writing upon receipt of a completed variance request.
3. (3) The applicant shall submit any additional information requested by the department pursuant to the State Building Code, including information to support a statement of undue hardship or alternative building plans.
4. (4) Before the department approves, denies, or modifies any application for a building permit that includes a variance request, the requirements of ARM 24.301.1413 must be satisfied.

Authorizing statute(s): 50-60-203, MCA

Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA

History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.