Part 3 — Standards
38 Variances
written variance with respect to any thing, process or activity to
which this Act applies if the Administrator or officer is of the
opinion that the variance provides approximately equivalent or
greater safety performance with respect to persons and property as
that provided for by this Act.
(2) An Administrator or a safety codes officer may include terms
and conditions in the variance.
(3) A safety codes officer on issuing a variance shall notify an
Administrator.
(4) The Regulations Act does not apply to variances issued under
this section.
(5) A decision of the Administrator under subsection (1) is final
and not subject to appeal.
RSA 2000
(6) If a safety codes officer refuses to issue a written variance, the
applicant shall be served with a written notice of the refusal.
(7) An applicant who receives a notice referred to in subsection (6)
may, within 30 days after the date on which the notice is received,
appeal the refusal to the Council in accordance with the Council's
bylaws.
RSA 2000 cS-1 s38;2015 c10 s19