10A NCAC 13B .6103      equivalency AND Conflicts with REQUIREMENTS

(a)  The Division may grant an equivalency to allow an alternate design or functional variation from the requirements in Rule .3102 and the Rules contained in Sections .6000 through .6200 of this Subchapter. The equivalency may be granted by the Division if a governing body submits a written equivalency request to the Division that states the following:

(1)           the rule citation and the rule requirement that will not be met;

(2)           the justification for the equivalency; and

(3)           how the proposed equivalency meets the intent of the corresponding rule requirement.

In determining whether to grant an equivalency request the Division shall consider whether the request will reduce the safety and operational effectiveness of the facility design and layout. The governing body shall maintain a copy of the approved equivalence issued by the Division.

(b)  If the rules, codes, or standards contained in this Subchapter conflict, the most restrictive requirement shall apply.

History Note:        Authority G.S. 131E-79;

Eff. January 1, 1996;

Readopted Eff. April 1, 2019.