If the owner or the designated agent believes that application of the standards is irrelevant to the nature, use, or function of the building or facility or that compliance with any particular standard or specification is impracticable, a separate variance application shall be submitted for each building, facility or condition for determination prior to commencement of construction.

1. (1) If a variance application is not submitted prior to construction and the building or facility owner or the designated agent believes a request is justified, such request shall be submitted as soon as possible following commencement of construction.
2. (2) Variance requests received after construction has commenced shall be decided based on preconstruction conditions and circumstances.
3. (3) Variance requests will not be accepted after completion of construction (based on the recorded estimated completion date). Deficiencies noted after completion will be addressed as an enforcement issue.
4. (4) Requests to waive or modify a standard shall be submitted on a Variance Application obtained from the department. Written cost estimates as well as drawings justifying the cost of compliance shall be attached.
5. (5) Variance applications must be submitted by the owner or the designated agent.
6. (6) Variance applications shall be accompanied by the applicable fee.
7. (7) After receiving the application the department shall decide whether such standards or specifications are impracticable and shall determine the extent of compliance required.
8. (8) The department may consult with others including state agencies having rehabilitation functions or that extend direct services to persons with disabilities and members of the Architectural Barriers Advisory Committee.
9. (9) The applicant shall be advised of the decision in writing.
10. (10) The department may perform inspections when it has reason to believe that a change in function or utility has occurred within a building or facility that has previously been granted a variance or waiver.

Source Note:The provisions of this §68.31 adopted to be effective June 1, 1994, 19 TexReg 3485; amended to be effective May 6, 1998, 23 TexReg 4263.