SECTION 748:15-1-4. Procedure to amend Commission adopted codes

(a)   A state agency or political subdivision shall submit an application to the Commission to make an amendment to a Commission adopted code. All amendments must be necessary to accommodate a local condition(s) and the application shall clearly explain the proposed accommodation, why the amendment is "necessary" and identify the "local condition."

(b)   The Commission will assign the application to the appropriate technical committee for review and recommendation. The Commission will consider the committee recommendation in open session.

(c)   The Commission's denial of an application is subject to appeal as an individual proceeding pursuant to the Administrative Procedures Act.

(d)   Upon the Commission's approval of the application, the amendment will be posted to the Commission's website to inform the public about such change in the respective agency's or political subdivision's jurisdiction.

(e)   For purposes of this section:

(1)   "Accommodate" means the proposed code amendment solution actually serves as its primary purpose to address the issue which necessitates the amendment.

(2)   "Local condition" means a condition which is particularly specific to the environment or surroundings of the jurisdiction seeking the change or amendment to the State adopted code and the condition is not expressly or specifically contemplated in the adopted code at issue.

(3)   "Necessary" means an essential and safe code amendment solution, the absence of which causes undue hardship on a person or class of persons.

[Source: Added at 27 Ok Reg 2369, eff 7-11-10]