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Commission Variances

Starting July 1, 2019, variance request must be submitted to the Indiana Department of Homeland Security (IDHS). The Commission will only consider variance applications that the IDHS defers making a decision on and places on its agenda.

File an application for a variance

If the IDHS places an application for a variance on the Commission's agenda, the Commission may grant a variance if you can demonstrate:

  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. either:
    1. noncompliance with the rule; or
    2. compliance with an alternative requirement approved by the body adopting the rule;

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

If the IDHS decides to place your variance request on the Commission's agenda, you will be notified of this by the IDHS. To verify the date your request will be considered by the Commission, please see the Commission's agenda which can be viewed by accessing the Commission's meeting materials found here. (This link is updated monthly so please be patient and check back frequently if the webpage does not provide information concerning the upcoming meeting.) It is advised that you or a representative be present at the Commission meeting and be prepared to respond to questions the Commission may have concerning your variance request. If additional information is needed for determination of your request and you are not present, the Commission may table consideration of your variance request until the next meeting or deny it based on the substance of the application. If your request is tabled, please be prepared to appear and provide additional information at the next scheduled Commission meeting.

Following the Commission's action on a variance request, a variance action letter will be delivered to the applicant that explains the action taken. The Commission's action on a variance request is final, subject to the administrative review process.

Variance applications and previously issued variance action letters can be viewed using the databases below:

If you have any questions or concerns regarding the above process, please email variances@dhs.in.gov or call 317-232-2222.