N.J. Admin. Code § 5:14A-2.16

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:14A-2.16 - Variations

(a) An owner or manufacturer may apply for a variation from these rules.

(b) An application for a variation shall be in writing on a form prescribed by the Department.

(c) The application for a variation shall include, but not be limited to, the following:

1. The requirement from which a variation is sought;

2. A description of the condition that causes the hardship in meeting the requirements;

3. The alternative that the owner or manufacturer will provide to meet the intent of the requirement; and

4. Documentation that the variation will not create a situation that is less safe than meeting the code requirement from which a variation is sought.

(d) An application for a variation shall be approved or denied by the Department in writing within 30 calendar days of submittal.

1. Failure to issue a variation or a denial within 30 calendar days of the submittal of a complete variation application shall be deemed to be a denial for the purpose of appeal.

N.J. Admin. Code § 5:14A-2.16