N.J. Admin. Code § 6A:26-6.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 6A:26-6.2 - Exceptions

(a) No exceptions from the requirements of this subchapter shall be made, except upon the following findings:

1. That strict compliance with any specific requirement would result in practical difficulty to the school district; and

2. That the exception, if granted, will not jeopardize the health, safety and welfare of occupants or intended occupants and the public generally.

(b) An application for an exception pursuant to this section shall be filed in writing with the Assistant Commissioner of the Division of Administration and Finance, and shall provide statements of the following:

1. The subchapter requirements from which an exception is sought;

2. The manner by which strict compliance with said provisions would result in practical difficulties;

3. The nature and extent of the practical difficulties; and

4. Feasible alternatives to the subchapter's requirements that would adequately protect the health, safety, and welfare of the occupants, intended occupants and the general public.

(c) The Division shall review the application, and shall deny or grant it within 90 days by written order stating the reasons therefor.

N.J. Admin. Code § 6A:26-6.2

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(a).
Former N.J.A.C. 6A:26-6.2, Educational facility planning standards, recodified to N.J.A.C. 6A:26-6.3.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a)1, inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.