SECTION 158:40-13-3. Code variance applications and filing fee

(a)   Applications for a variance from the standard of installation as described in OAC 158:40-1-4 shall be submitted to the Administrator. An application and the fifty dollar ($50.00) filing fee shall accompany sufficient technical data submitted to support the proposed variance. Applications submitted after the use of materials or methods of construction not in conformance with the standard of installation as described in OAC 158:40-1-4 that are relevant to the application, or submitted where a city or town has adopted a more stringent trade installation code by ordinance, shall not be considered by the Variance and Appeals Board.

(b)   The applicant and the Administrator or the Administrator's designee may offer testimony to the Variance and Appeals Board which is relevant to the code variance requested. If testimony will be offered to support the application, the applicant shall include in the application the identity of the applicant's witnesses by name, profession or occupation, address and telephone number, and a concise summary of the expected testimony of each witness. If the Administrator or the Administrator's designee contests the application and will offer testimony to rebut the application, the Administrator or the Administrator's designee will provide the applicant with the identity of the witnesses by name, profession or occupation, address and telephone number, and a concise summary of the expected testimony of each witness.

[Source: Added at 19 Ok Reg 726, eff 1-22-02 (emergency); Added at 19 Ok Reg 1269, eff 5-28-02; Amended at 31 Ok Reg 907, eff 9-12-14; Amended at 33 Ok Reg 580, eff 8-25-16]