If the owner 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.

1. (1) Decisions on variances will be decided on pre-construction conditions and circumstances.
2. (2) 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.
3. (3) Variance applications must be submitted by the owner.
4. (4) Variance applications shall be accompanied by the applicable fee.
5. (5) A denial of a variance application may be appealed to the Director of Code Review and Inspections in writing within 21 calendar days from issuance.
6. (6) The applicable fee shall accompany appeals to the Director of Code Review and Inspections.
7. (7) A denial of a variance appeal from the Director of the Code Review and Inspections Division may be appealed to the Executive Director of the Texas Department of Licensing and Regulation in writing within ten days of notification of the Division Director's decision. The decision of the Executive Director may be appealed to the Texas Commission of Licensing and Regulation in writing within ten calendar days of notification of the Executive Director's decision.
8. (8) At each stage of the variance process, the party making the request shall be advised in writing of the determination. A Commission decision will be issued after a regularly scheduled quarterly commission meeting.

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; amended to be effective June 26, 2000, 25 TexReg 6122.