Section 0780-02-03-.12 - EQUIVALENCIES(1) Wherever there are practical difficulties involved in carrying out the provisions of this Chapter and the codes adopted in this Chapter, the Commissioner of Commerce and Insurance, or the Commissioner's designee, shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Commissioner of Commerce and Insurance, or the Commissioner's designee, shall first find that the special individual reason makes the strict application of the codes adopted in this Chapter impractical and the modification is in compliance with the intent and purpose of the codes adopted in this Chapter and that such modification does not lessen, health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and kept in the files of the Division.(2) The provisions of the codes adopted in this Chapter are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Commissioner of Commerce and Insurance, or the Commissioner's designee, finds that the proposed design is satisfactory and complies with the intent of the codes adopted in this Chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed by the codes adopted in this Chapter in quality, strength, effectiveness, fire resistance, durability and safety.Tenn. Comp. R. & Regs. 0780-02-03-.12
Original rule filed March 29, 2010; effective June 27, 2010. Rule was previously numbered 0780-02-03-.13 but was renumbered 0780-02-03-.12 with the deletion of original rule 0720-02-03-.08 filed December 8, 2022; effective 3/8/2023. Amendments filed December 8, 2022; effective 3/8/2023.Authority: T.C.A. §§ 68-102-113 and 68-120-101(a) and (d).