NAC701.215. International Energy Conservation Code: Petition for allowance in design and construction.

     1. A person who designs or constructs a building may submit a petition to the governing body of a local government for an allowance in design and construction from the International Energy Conservation Code for the installation of any renewable energy system that will supply all or part of the energy required in the building.

     2. A petition submitted pursuant to subsection 1 must comply with any requirements for the submission of such petitions established by the governing body of the local government or, if no such requirements exist, must:

     (a) Be in writing;

     (b) State the specific provisions of the International Energy Conservation Code from which an allowance is sought; and

     (c) Include a detailed description of the renewable energy system which the petitioner seeks to install.

     3. The governing body of the local government shall consider each petition submitted pursuant to subsection 1 and shall, within 30 days after the date on which a petition is filed with the governing body of the local government, issue a decision granting or denying the petition or setting a date for a hearing on the petition.

     4. If the governing body of a local government issues a decision setting a date for a hearing on a petition submitted pursuant to subsection 1, the governing body of the local government shall issue an order granting or denying the petition within 120 days after the date of the hearing.

     5. A petitioner whose petition submitted pursuant to subsection 1 is denied by the governing body of a local government may submit a petition to the Director requesting the Director to overturn the denial.

     6. A petition submitted to the Director pursuant to subsection 5 must:

     (a) Be in writing;

     (b) State the specific provisions of the International Energy Conservation Code from which an allowance is sought;

     (c) Include a detailed description of the renewable energy system which the petitioner seeks to install;

     (d) Include the name of the governing body of the local government which denied the petition submitted pursuant to subsection 1;

     (e) Include the date of the denial of the petition; and

     (f) Include a copy of the decision or order issued by the governing body of the local government denying the petition.

     7. The Director will consider each petition submitted pursuant to subsection 5 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.

     8. If the Director issues an order setting a date for a hearing on a petition submitted pursuant to subsection 5, the Director will issue an order granting or denying the petition within 120 days after the date of the hearing.

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