1. A.

   1. 1. There is hereby created the Oklahoma State Plumbing Installation Code Variance and Appeals Board. The Variance and Appeals Board shall hear testimony and shall review sufficient technical data submitted by an applicant to substantiate the proposed installation of any material, assembly or manufacturer-engineered components, equipment or system that is not specifically prescribed by an appropriate installation code, an industry consensus standard or fabricated or installed according to recognized and generally accepted good engineering practices, where no ordinance or regulation of a governmental subdivision applies. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the Variance and Appeals Board shall approve such alternative, subject to the requirements of the appropriate installation code. Applications for the use of an alternative material or method of construction shall be submitted in writing to the State Commissioner of Health for approval prior to use. Applications shall be accompanied by a filing fee, not to exceed Fifty Dollars ($50.00), as set by rule of the State Board of Health.

   2. 2. The Variance and Appeals Board shall also hear appeals from contractors, licensed by the Occupational Licensing Service of the State Department of Health, and any party who has an ownership interest in or is in responsible charge of the design of or work on the installation, who contest the Department's interpretation of the state's model plumbing installation code as applied to a particular installation. Such appeals shall be based on a claim that:

      1. a. the true intent of the installation code has been incorrectly interpreted,
      2. b. the provisions of the code do not fully apply, or
      3. c. an equal or better form of installation is proposed. Such appeals to the Variance and Appeals Board shall be made in writing to the State Commissioner of Health within fourteen (14) days after a code interpretation or receipt of written notice of the alleged code violation by the licensed contractor.

2. B. The Variance and Appeals Board shall consist of the State Commissioner of Health or his or her designated representative and the following members who, except for the State Fire Marshal or designee, shall be appointed by the Commissioner from a list of names submitted by the professional organizations of the professions represented on the Board and who shall serve at the pleasure of the Commissioner:

   1. 1. Two members shall be appointed from the State Committee of Plumbing Examiners; one shall be a contractor with five (5) years of experience and one shall be a journeyman with five (5) years of experience;
   2. 2. One member shall be a registered design professional who is a registered architect with at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
   3. 3. One member shall be a registered design professional with at least ten (10) years of structural engineering or architectural experience, five (5) of which shall have been in responsible charge of work;
   4. 4. One member shall be a registered design professional with mechanical or plumbing engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work;
   5. 5. One member shall be a registered design professional with electrical engineering experience; provided, such member shall have at least ten (10) years of experience, five (5) of which shall have been in responsible charge of work; and
   6. 6. One member shall be the State Fire Marshal or a designee of the State Fire Marshal.
3. C. Members, except the Commissioner and State Fire Marshal, the Commissioner's and State Fire Marshal's designated representatives, and employees of the Department, shall be reimbursed for travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes, from the revolving fund created pursuant to Section 1018 of Title 59 of the Oklahoma Statutes.
4. D. The Variance and Appeals Board shall meet after the Commissioner receives proper application for a variance, accompanied by the filing fee, or proper notice of an appeal, as provided in subsection A of this section.
5. E. The State Commissioner of Health, or the Commissioner's designated representative, shall serve as chair of the Variance and Appeals Board. A majority of the members of the Variance and Appeals Board shall constitute a quorum for the transaction of the business of the Board.

Added by Laws 1994, c. 293, § 3, eff. July 1, 1994.