NAC701.225. Petition for exemption from provision of International Energy Conservation Code or certain regulations.

     1. A person who owns a building which is subject to the International Energy Conservation Code and the provisions of NAC 701.010 to 701.245, inclusive, may submit a petition to the governing body of a local government requesting an exemption from one or more provisions of the International Energy Conservation Code or one or more provisions of NAC 701.010 to 701.245, inclusive.

     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 provision or provisions of the International Energy Conservation Code or NAC 701.010 to 701.245, inclusive, from which the exemption is sought; and

     (c) Include an explanation of why the application of the provision or provisions to the applicant’s building would not accomplish the purpose of the provision or provisions.

     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 decision of the governing body of the local government.

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

     (a) Be in writing;

     (b) State the specific provision or provisions of the International Energy Conservation Code or NAC 701.010 to 701.245, inclusive, from which the exemption is sought;

     (c) Include an explanation of why the application of the provision or provisions to the applicant’s building would not accomplish the purpose of the provision or provisions;

     (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 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.

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