Section 62-04-03-02 - Alternate materials and methods1.Existing buildings. In existing buildings or premises in which plumbing installations are to be altered, renovated, or replaced, such new materials and work shall meet or exceed the provisions of this article. Where the administrative authority shall find that the full performance of bringing such work into compliance with all requirements of this article would result in exceptional undue hardship by reason of excessive structural or mechanical difficulty, or impracticability, a deviation may be granted by the administrative authority only where, and to the extent, necessary to ameliorate such exceptional or undue hardship, and only where, and to the extent, such deviation can be granted without impairing the intent and purpose of this article. A record, open to inspection by the public shall be maintained by the administrative authority of each and every deviation allowed under the terms of this subsection. 2.Approval. The administrative authority may approve the use of fixtures, appurtenances, materials, and methods of a type not conforming with the requirements of, nor expressly prohibited by, this article after determination that such fixture, appurtenance, material, or method is of such design or quality, or both, as to appear to be suitable, safe, and sanitary for the use for which it is intended. A record of such instances shall be maintained and shall be available to the public. Action shall be taken within reasonable time to amend this article so as to either authorize or prohibit such use. Any person desiring to install or use a fixture appurtenance, material, or method of a type not conforming with the requirements of, nor expressly prohibited by, this article shall, prior to such installation or use, submit to the administrative authority such proof as may be required to determine whether such fixture, appurtenance, material, or method is of such design or quality, or both, as to appear to be suitable, safe, and sanitary for the use for which it is intended. In the event the administrative authority determines that it does appear to be suitable, safe, and sanitary for the use for which it is intended, the administrative authority may then permit such use; provided, that the manner of installation or use is otherwise in accordance with this article. In view of the special nature of these cases, such use shall be subject to periodic inspection by the administrative authority and such fixture, appurtenance, material, or method shall, upon order, be discontinued or removed if such inspection indicates it is unsuitable, unsafe, insanitary, or contrary to the provisions of this or other applicable codes. 3.Tests. When there is insufficient evidence to verify claims for alternate materials the administrative authority may require as proof of suitability tests of compliance by an approved agency at the expense of the applicant. 4.Test procedure. Tests shall be made in accordance with generally recognized standards; but in the absence of such standards, the administrative authority shall specify the test procedure. 5.Repeated tests. The administrative authority may require tests to be repeated if, at any time, there is reason to believe that an alternate material no longer conforms to the requirements on which its approval was based. 6.Limitation of lead content. Pipe and fittings used in the potable water supply system may not contain more than eight percent lead. N.D. Admin Code 62-04-03-02
Amended effective October 1, 1989.General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04