City of Lebanon, NH Article IV Exceptions and Variances

§ 72-42 Exceptions and variances.

A. Availability. The Fire Chief or his/her designee shall grant exceptions or variances to the Lebanon Fire Prevention Code to the extent that such action will provide a degree of safety substantially equivalent to that provided under the provisions from which the exception or variance is granted. Exceptions and/or variances will not apply to provisions of the State of New Hampshire Fire Code.

B. Requests for variances or exceptions.

(1) Any person wishing to obtain a variance or exception pursuant to Article III shall make an application in the form of a letter addressed to:

City of Lebanon Fire Chief Lebanon Fire Department 12 South Park Street Lebanon, NH 03766

(2) The letter in Subsection B(1) above shall contain:

(a) Request for variance or exception, which shall specify the code or rule provision involved, and the nature and extent of the relief requested therefrom;

(b) Reason for the request;

(c) Address and description of the structure(s) for which relief is requested;

(d) A detailed description, including architectural or engineering plans, of the structure, equipment, or process that will be affected by the exception or variance, if approved;

(e) A detailed explanation of how the exception or variance, if approved, will provide a degree of safety substantially equivalent to that required by the code or rule provision involved;

(f) Name and address of applicant; and

(g) Signature of applicant.

C. Consideration of variances or exceptions.

(1) The Fire Chief or his/her designee shall:

(a) Consider all applications filed; and

(b) Render a decision as to the disposition of the application within 30 business days, or if more information is needed, request such additional information, in writing, within 30 business days. Once all additional information is received by the Fire Chief, a decision will be rendered within 30 business days.

(2) Notice of the Fire Chief's decision to grant (or grant with conditions) or to deny the application shall be forwarded to the applicant, with a copy to the Lebanon Codes Department, in writing, and shall contain:

(a) Where the variance or exception is granted:

[1] The extent of such variance or exception, which shall cite the code or rule provision(s) involved;

[2] Any limitations placed on the exception or variance;

[3] The effective date and/or termination date thereof, where applicable; and

[4] Address or other identification of the structure(s) involved.

(b) Where the variance or exception is denied:

[1] Statement of the variance or exception requested, which shall include citation of the code or rule provision involved;

[2] Reason for denial of such request; and

[3] Such other information as the Fire Chief shall deem necessary.

(c) Signature of Fire Chief.

(3) Where an application is granted in part and denied in part, the notice shall conform to the provisions of this section relevant to each type of action.

(4) Unless otherwise specifically stated in the notice of decision, all variances that are granted, in whole or in part, shall expire within one year of the date of the written notice of decision if the variance is not implemented in the planned construction, unless an application for a one-year extension is submitted to the Fire Chief prior to the expiration of the notice of decision. An application for extension will not be granted automatically if any code or other changes in law affect the variance or the safety of persons or property.

(5) Any person aggrieved by a denial of an application for variance or exception may, within 15 days following the date of the written notice thereof, apply for a hearing with the Lebanon Building Code Board of Appeals.