§ 6-7-4. VARIANCES.

(A)

The director shall grant a variance from a requirement of this chapter if the director determines that either, (1) due to special circumstances unique to the applicant's facility and not based on a condition caused by actions of the applicant, strict compliance with provisions of this chapter would cause undue hardship or (2) due to exhaustion of reasonable energy efficiency measures, full compliance would require performance of work excluded from the scope of Section 6-7-23(B). A variance granted under this subsection (A) must be limited to the minimum change necessary to avoid the undue hardship or excluded work.

(B)

In addition to the variance authorized in subsection (A), the director may grant a variance from a requirement in this chapter if the director determines that:

(1)

application for a permit to substantially remodel or demolish the facility will be filed not later than 6 months after the time of sale; and

(2)

in the case of remodel, the owner and the purchaser of the facility have entered into a binding agreement, in a form approved by the director, whereby the purchaser of the facility agrees to complete an energy audit within a specified period of time after remodel of the facility is complete.

(C)

In addition to the variance authorized in subsection (A), the director may grant a variance from the requirements of Article 4 (Commercial Facilities) if the director determines that the facility cannot be adequately evaluated using currently available audit or rating tools.

(D)

A person may seek a variance by filing an application with the director. The director may require the applicant to provide information the director determines is necessary to evaluate the variance request.

Source: Ord. 20081106-047; Ord. 20110421-002.