| (a) To request a variance waiving or modifying an accessibility
standard, an owner or the owner's designated agent must submit:
(1) a complete a separate form prescribed by the department
for each registered project within a single building or facility;
(2) supporting documentation, including photos, cost
analyses, and code references; and
(3) the required fee in §68.80.
(b) A denied variance request may be appealed to the
department in writing. An appeal must:
(1) be in writing and signed by the owner or the owner's
designated agent;
(2) include supporting documentation; and
(3) include the fee required under §68.80.
(c) An appeal denied by the department may be appealed
to the executive director of the department in writing and must include
supporting documentation.
(d) The department and executive director will provide
written notice of determinations made under this section to the owner
and the person making the submission, if applicable.
(e) Variance and Appeal determinations shall be based
on the information and supporting documentation submitted with the
application and shall be issued in accordance with §469.151 and
§469.152 of the Act.
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