NAC701.195. International Energy Conservation Code: Petition for deviation from standard.

     1. The governing body of a local government that is authorized by law to adopt and enforce a building code may submit a petition to the Director requesting a determination by the Director that a deviation from one or more standards set forth in the International Energy Conservation Code is necessary to support effective compliance with and enforcement of the International Energy Conservation Code in this State. A petition submitted pursuant to this section may propose a deviation from standards relating to:

     (a) The construction of floors, walls, ceilings and roofs;

     (b) The equipment and systems for heating, ventilation and air-conditioning;

     (c) Electrical equipment and systems;

     (d) Insulation; and

     (e) Any other factors which affect the use of energy in a building.

     2. A petition submitted pursuant to this section must:

     (a) Be in writing;

     (b) State the specific provision or provisions of the International Energy Conservation Code from which the deviation is sought; and

     (c) Include an explanation of how the deviation will not lessen the effective energy-efficiency requirements of the International Energy Conservation Code.

     3. The Director will consider each petition submitted pursuant to this section and will, within 30 days after the date on which a petition is filed with the Director, issue an order granting or denying the petition or setting a date for a hearing on the petition.

     4. If the Director issues an order setting a date for a hearing on a petition submitted pursuant to this section, the Director may request additional information from the petitioner and will issue an order granting or denying the petition within 120 days after the date of the hearing.

     5. The Director will not approve a petition submitted pursuant to this section if the deviation would result in energy efficiency requirements which are less stringent than the requirements set forth in the International Energy Conservation Code.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)