Oklahoma § 59-1850.16 - Oklahoma State Mechanical Installation Code Variance

§ 59-1850.16. Oklahoma State Mechanical Installation Code Variance

and Appeals Board.

A. 1. There is hereby created the Oklahoma State Mechanical

Installation Code Variance and Appeals Board. The Variance and

Appeals Board shall hear testimony and shall review sufficient

technical data submitted by an applicant to substantiate the

proposed installation of any material, assembly or manufacturerengineered components, equipment or system that is not specifically

prescribed by an appropriate installation code, an industry

consensus standard or fabricated or installed according to

recognized and generally accepted good engineering practices, where

no ordinance of a governmental subdivision applies. If it is

determined that the evidence submitted is satisfactory proof of

performance for the proposed installation, the Variance and Appeals

Board shall approve such alternative, subject to the requirements of

the appropriate installation code. Applications for the use of an

alternative material or method of construction shall be submitted in

writing to the Construction Industries Board for approval prior to

use. Applications shall be accompanied by a filing fee, not to

exceed Fifty Dollars ($50.00), as set by rule of the Board.

2. The Variance and Appeals Board shall also hear appeals from

contractors, licensed by the Construction Industries Board, and any

person who has ownership interest in or is in responsible charge of

the design of or work on the installation, who contest the

Construction Industries Board's interpretation of the state's model

mechanical installation code as applied to a particular

installation. Such appeals shall be based on a claim that:

a.

the true intent of the installation code has been

incorrectly interpreted,

b.

the provisions of the code do not fully apply, or

c.

an equal or better form of installation is proposed.

Such appeals to the Variance and Appeals Board shall be made in

writing to the Construction Industries Board within fourteen (14)

days after a code interpretation or receipt of written notice of the

alleged code violation by the licensed contractor.

B. The Variance and Appeals Board shall consist of the

designated representative of the Construction Industries Board and

the following members who, except for the State Fire Marshal or

designee, shall be appointed by the Construction Industries Board

from a list of names submitted by the professional organizations of

the professions represented on the Variance and Appeals Board and

who shall serve at the pleasure of the Construction Industries

Board:

1. Two members shall be appointed from the Committee of

Mechanical Examiners; one shall be a contractor with five (5) years

of experience and one shall be a journeyman with five (5) years of

experience;

Oklahoma Statutes - Title 59. Professions and Occupations

2. One member shall be a registered design professional who is

a registered architect with at least ten (10) years of experience,

five (5) years of which shall have been in responsible charge of

work;

3. One member shall be a registered design professional with at

least ten (10) years of structural engineering or architectural

experience, five (5) years of which shall have been in responsible

charge of work;

4. One member shall be a registered design professional with

mechanical or plumbing engineering experience; provided, such member

shall have at least ten (10) years of experience, five (5) years of

which shall have been in responsible charge of work;

5. One member shall be a registered design professional with

electrical engineering experience; provided, such member shall have

at least ten (10) years of experience, five (5) years of which shall

have been in responsible charge of work; and

6. One member shall be the State Fire Marshal or a designee of

the State Fire Marshal.

Any member serving on the Variance and Appeals Board on January

1, 2002, may continue to serve on the Variance and Appeals Board

until a replacement is appointed by the Construction Industries

Board.

C. Members, except the designee of the Construction Industries

Board and the State Fire Marshal, or the designated representative

of the State Fire Marshal, and employees of the Construction

Industries Board, shall be reimbursed for travel expenses pursuant

to the State Travel Reimbursement Act from the revolving fund

created pursuant to Section 1850.13 of Title 59 of the Oklahoma

Statutes.

D. The Variance and Appeals Board shall meet after the

Construction Industries Board receives proper application for a

variance, accompanied by the filing fee, or proper notice of an

appeal, as provided in subsection A of this section.

E. The designated representative of the Construction Industries

Board, shall serve as chair of the Variance and Appeals Board. A

majority of the members of the Variance and Appeals Board shall

constitute a quorum for the transaction of business.

Added by Laws 1994, c. 293, § 13, eff. July 1, 1994. Amended by

Laws 2001, c. 394, § 63, emerg. eff. June 4, 2001.