.09 Waiver Request.
A. Standards Covered.
(1) If strict compliance with the additional Maryland requirements set forth in Regulation .07A(3), B(3), and C(2) of this chapter will cause undue hardship because of the nature of use, occupancy, or other factors, a waiver from these requirements may be requested.
(2) The Department has no authority to waive requirements imposed by federal law and shall only exercise its waiver authority when this Code is more restrictive than federal law in connection with the additional Maryland requirements set forth in Regulation .07A(3), B(3), and C(2) of this chapter.
B. Procedures.
(1) A written waiver request form and supporting documents shall be submitted in triplicate to the Director, Building Codes Administration, Maryland Department of Labor.
(2) The Building Codes Administration shall review the documents submitted for completeness, and shall contact the applicant promptly for any additional information needed to process the request.
(3) Upon receipt of all required documents, the Building Codes Administration shall send one copy of the waiver request documents to the local government officials and one copy to the designated disability advisory group.
(4) The local government officials and the designated disability advisory group may provide their written comments jointly or separately to the Building Codes Administration within 21 days of dated transmittal from the Building Codes Administration.
(5) The Building Codes Administration shall review the waiver documents and any comments received from the local building officials and the agency or organization advocating for individuals with disabilities. For historic properties, the Building Codes Administration shall make its decisions in consultation with the State historic preservation officer or the officer’s designee.
(6) The investigation may include a site visit by a State official, local government official, designated disability advisory group, and, for historic properties, the State historic preservation officer or the officer's designee.
(7) Upon completion of the investigation, the Director of the Building Codes Administration, or the Director’s designee, shall determine if a waiver should be granted or denied based upon factors such as, but not limited to:
(a) Feasibility hardship due to unusual building or site conditions which prevent the construction of access facilities as described in supporting documentation, such as plans, sketches, and site drawings provided for clarification by the applicant;
(b) Financial hardship when the cost of compliance is disproportionate to the cost of construction, if the applicant has provided financial statements; or
(c) The information supplied by the designated disability advisory group, State and local government officials, and, for historic properties, the State historic preservation officer or the officer's designee.
(8) Notice of the waiver determination shall be delivered to:
(a) The local government official;
(b) The designated disability advisory group;
(c) The waiver applicant; and
(d) For historic properties, the State historic preservation officer or the officer's designee.
(9) The applicant may request reconsideration of the decision of the Building Codes Administration within 45 days by writing to the Commissioner of the Division of Labor and Industry for a final administrative decision. The reconsideration review may include additional site visits and meetings with the applicants, the designated disability advisory group, and local building officials. The decision by the Commissioner of the Division of Labor and Industry is final and binding upon the parties.
C. A waiver request and decision on it under §B(7) or (9) of this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR 09.01.02.
