No variations from the requirements of any subcode shall be permitted
unless there shall have been made the following findings:
An application for a variation pursuant to this Article shall be filed
in writing with the Construction Official and shall set forth specifically:
A.
A statement of the requirements of the subcode from which
a variation is sought;
B.
A statement of the manner by which strict compliance
with said provisions would result in practical difficulties;
C.
A statement of the nature and extent of such practical
difficulties; and
D.
A statement of feasible alternatives to the requirements
of the subcode which would adequately protect the health, safety and welfare
of the occupants or intended occupants and the public generally.
Within twenty (20) business days next succeeding the receipt by the
Construction Official of the application, it shall be denied or granted by
written order stating the reasons therefor. The application shall be deemed
denied for purposes of appeal if no decision is forthcoming within such twenty-day
period. Records of all applications for variation and actions taken thereon
shall be available for public inspection at the enforcing agency during normal
business hours.
The appropriate subcode official shall make the final determination
with respect to matters within his or her jurisdiction. The Construction Official
shall notify the applicant of that determination. Whenever an application
for a variation shall result in contradictory or inconsistent determinations
by different subcode officials having jurisdiction, the Construction Official
shall rule as to which subcode official's determination shall be final, and
shall notify the applicant of that ruling. A Construction Official certified
in a particular subcode may modify the determination of the subcode official.
