1. (a) Requests to waive or modify an accessibility standard shall be submitted on the Variance Application form. A separate Variance Application form shall be submitted for each condition within a single building or facility.
2. (b) Variance Applications shall be submitted by the owner of the subject building or facility, and shall be accompanied by the applicable fee, plans of all affected areas, and any supporting documentation such as photos, cost analyses, and code references.
3. (c) Variance Applications may not be submitted more than two hundred seventy (270) calendar days after the date of the inspection report. After two hundred seventy (270) calendar days, remaining deficiencies will be addressed as an enforcement issue as provided by §68.90.
4. (d) A denial of a Variance Application may be appealed to the Director of Compliance, or his designee, in writing within thirty (30) calendar days from issuance, upon payment of the applicable appeal fee. Supporting documentation such as plans of all affected areas, photos, cost analyses and code references not previously reviewed may be submitted for consideration.
5. (e) A denial of a Variance Appeal from the Director of Compliance may be appealed to the Executive Director of the Texas Department of Licensing and Regulation, or his designee, in writing within thirty (30) calendar days of notification of the Director of Compliance's decision. Supporting documentation such as plans of all affected areas, photos, cost analyses and code references not previously reviewed may be submitted for consideration.
6. (f) When a Variance or Variance Appeal determination has been made, the owner and the person making the submission shall be advised in writing of the determination.
7. (g) Variance and Variance Appeal determinations shall be based on the information and supporting documentation submitted with the application and shall be issued in accordance with §469.151 and §469.152 of the Act.

Source Note:The provisions of this §68.31 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884.