TITLE 71: PUBLIC BUILDINGS, FACILITIES, AND REAL PROPERTY
CHAPTER I: CAPITAL DEVELOPMENT BOARD
SUBCHAPTER d: ENERGY CODES
PART 600 ILLINOIS ENERGY CONSERVATION CODE
SECTION 600.210 REQUEST FOR VARIANCE


 

Section 600.210  Request for Variance

 

a)         Who May File a Request for Variance

 

1)         Any architect or engineer under contract with CDB to provide professional services for the proposed project.

 

2)         The using agency's chief executive officer or his or her designated representative.

 

3)         The Chairman of the Illinois Energy Conservation Advisory Council.

 

b)         Consideration of Request for Variance

A variance from any requirement of the Code as described in this Subpart will be granted by CDB for one or more of the following reasons only:

 

1)         Compliance would not be technically feasible.

 

2)         Compliance would compromise the health, welfare or safety of building occupants.

 

3)         Compliance would prevent the building from serving its intended purpose.

 

4)         Compliance would violate another State or federal law or code.

 

5)         Compliance would increase the energy consumption of the building.

 

6)         Compliance would require the use of inferior products or materials.

 

c)         Submitting the Request for Variance

 

1)         The request shall be submitted to the CDB Project Manager.

 

2)         Requests should be submitted as early in the project as there is cause, but no later than 75 days prior to the anticipated bid date.  Approval or denial of a variance shall be no cause for delay in the project unless the request for variance was filed by CDB or the using agency for which the project is being constructed.

 

3)         The following shall be submitted when requesting a variance:

 

A)        A letter from the petitioner stating the specific provisions of the Code from which the variance is requested and a detailed explanation of how compliance with the Code would result in one or more of the conditions described in subsection (b).

 

B)        The request shall include supporting data, calculations, analysis, etc.

 

d)         CDB Action

 

1)         Upon receipt of the Request for Variance, the CDB Project Manager will review the request and make a recommendation to CDB's Professional Services Unit within 7 calendar days.

 

2)         Professional Services Unit will evaluate the Request for Variance within 30 days after CDB's receipt of the Request and make a determination.

 

3)         If it is determined that the Request for Variance would cause one of the conditions stated in subsection (b), the variance shall be approved by CDB.

 

4)         If it is determined that the Request for Variance would not cause one of the conditions stated in subsection (b), the Agency may:

 

A)        Deny the Request for Variance.

 

B)        Approve the Request for Variance subject to specific conditions determined by CDB.

 

e)         Modifications and Revisions

The petitioner may, in writing, request that the original Request for Variance be modified and resubmit the Request for Variance.

 

f)         Revocation

CDB may revoke any variance if:

 

1)         it is determined that the variance was obtained through fraud or deceit;

 

2)         the petitioner has violated the specific conditions on which the variance was approved; or

 

3)         the variance was issued in error.

 

g)         Appeals

 

1)         Any person whose Request for Variance is denied or approved with conditions may appeal CDB's initial determination.  The appeal shall be submitted in writing and must be received within 10 days after the initial CDB action is received by the requestor.  The request shall be submitted to the Chairman of the Advisory Council.

 

2)         The Chairman of the Advisory Council will review the request with the Advisory Council, as deemed necessary by the Chairman, within 14 days after receipt and take one of the following actions:

 

A)        Uphold CDB's initial determination.

 

B)        Reverse CDB's initial determination and issue the variance.

 

C)        Change the conditions applied to the variance granted by CDB.

 

(Source:  Amended at 34 Ill. Reg. 11398, effective July 26, 2010)