10:09:03:02Procedures for granting waivers.

An agency may request a waiver by submitting a written request to the OSE prior to the construction documents phase of the project. OSE will provide a written response to the waiver request within 30 days of receipt. The written waiver request must include: (1) Justification why a high performance building standard cannot be met; and (2) Steps the owner will take to meet as many energy points as possible under the rating system; and (3) If the request is based on the inability to recoup costs in 15 years, the calculations as defined in § 10:09:04:01; or (4) If the square footage of the renovation project is less than fifty percent of the total square footage of the building being renovated, a three year building use plan.

Source: 34 SDR 323, effective July 3, 2008.