An applicant may apply for the use of alternate materials, design, or methods of construction different from the requirements of this chapter by filing a written request with the department.

1. (1) Responsibilities of the applicant. The applicant must submit in writing the following information:

   1. (a) Name, address, and phone number;
   2. (b) The specific requirement or requirements from which the alternate material, design, or method of construction is requested;
   3. (c) Justification that the requirements of this chapter cannot be met without using alternate materials, design, or method of construction;

   4. (d) How the use of alternate materials, design, or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements;

      The department has a form that you may use for your request. Please contact us at the address shown in WAC 296-150V-0020, Definitions.

2. (2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision on:

   1. (a) The applicant's request as described in subsection (1) of this section;
   2. (b) Research into the request;
   3. (c) Expert advice.
3. (3) Applicant's response to denials. The applicant may appeal the department's decision by following the procedure in WAC 296-150V-0100.

[Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. WSR 00-17-148, § 296-150V-0140, filed 8/22/00, effective 9/30/00. Statutory Authority: Chapter 43.22 RCW. WSR 99-18-069, § 296-150V-0140, filed 8/31/99, effective 10/1/99.]