1. (a) Requests to waive or modify a standard shall be submitted on the Variance Application form prescribed by the department. A separate variance application shall be submitted for each condition within a single building or facility.
2. (b) Variance applications shall be submitted by the owner or designated agent of the subject building or facility, and shall be accompanied by the applicable fee and any supporting documentation such as photos, cost analyses, and code references.
3. (c) 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.
4. (d) 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.
5. (e) When a variance or appeal determination has been made, the owner or designated agent shall be advised in writing of the determination.

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.