A. Requests for Exceptions. Any person seeking a partial or complete exception granting relief from the requirements of this Chapter shall file an application for such exception with the Department, using a form provided by the Department.
B. Application for Exception. The application for an exception shall include, in addition to such other information as the Department may require, a statement from a licensed professional engineer certifying that compliance with this Chapter is impracticable due to exceptional or extraordinary circumstances or conditions applicable to the covered project.
C. Standards for Granting Exceptions. The Director may grant the exception, in whole or in part, only if the Director finds all of the following:
1. That strict compliance with all of the provisions of this Chapter is not reasonably practicable due to the existence of exceptional or extraordinary circumstances or conditions that affect the covered project but do not apply generally to similar covered projects;
2. That granting an exception will not constitute a grant of special privilege inconsistent with limitations imposed on similar covered projects; and
3. That the cost to the owner of strict compliance with this Chapter is not the primary reason for granting the exception.
D. Authority of the Director.
1. The Director is authorized to grant an exception, in whole or in part, if he or she determines that the owner has met all of the standards for an exception and that granting the exception, in whole or in part, is necessary to provide reasonably adequate relief from the strict application of the requirements of this Chapter.
2. The Director shall not grant a full exception from all of the requirements of this Chapter if, in the exercise of his professional judgment, he determines that a partial exception will provide reasonably adequate relief from the strict application of the requirements of this Chapter.
3. The Director shall deny any application for exceptions that does not meet all of the standards.
4. All decisions of the Director to grant or deny an application for an exception, whether in whole or in part, shall be issued in writing. The decision shall be issued in a written letter or notice to the owner and shall state (i) whether the exception is granted or denied, in whole or in part; and (ii) the reasons for granting or denying the exception.
(MC-5-2010, § 2, 10/19/2010)