1. (a) Prior to the installation of any device, equipment or technology not permitted by the currently adopted standards, a contractor or an equipment manufacturer ("applicant") must submit an application for new technology variance for approval by the department.

2. (b) An application for a new technology variance must contain the following, if applicable:

   1. (1) an enumeration and description of all the requirements of the adopted standard for which a new technology variance is being requested;
   2. (2) documentary evidence to support a claim of equivalence or superiority to the requirements of the adopted standard;
   3. (3) documentary evidence that the new technology is being or may be considered by the ASME code committee(s) for inclusion in a future standard;
   4. (4) an estimated time frame for the approval of the new technology by the ASME code committee(s);
   5. (5) any additional supporting evidence deemed by the applicant to be necessary to assist in making a determination; and
   6. (6) the new technology variance application fees outlined in §74.80.
3. (c) The applicant will be advised of the status of the application, in writing, not less often than quarterly.

Source Note:The provisions of this §74.120 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949.