Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1003 - Application for exception; form; review; alternatives; parties

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) When a
				  person receives notice from the appropriate administrative authority that plans
				  and specifications submitted for preliminary or final review do not comply with
				  the barrier free design requirements, the person may modify the plans and
				  specifications to comply with the requirements or shall submit an application
				  for exception. A person may also submit an application for exception pursuant
				  to
				  R 125.1020.
(2) An application for an exception shall be
				  on a form containing all information so designated by the board and shall be
				  accompanied by detailed building or site drawings of all nonconforming areas.
				  Dimensioned line drawings to scale are sufficient. Photographs or a brief
				  written explanation, or both, may be included. Plans and specifications
				  accompanying an application for an exception shall be sealed in accordance with
				  Act No. 299 of the Public Acts of 1980, as amended, being S339.101 et seq. of
				  the Michigan Compiled Laws.
(3) An
				  application for an exception to the barrier free design requirements shall be
				  mailed or delivered to the office of the Barrier Free Design Division, Michigan
				  Department of Labor, State Secondary Complex, 7150 Harris Drive, Box 30015,
				  Lansing, Michigan 48909.
(4) Upon
				  receipt of an application for an exception, the board's authorized agent shall
				  review the application within 10 business days. If complete, the application
				  shall be forwarded to the office of hearings with a request that a pre-hearing
				  conference and hearing be scheduled. If the application is not complete, the
				  applicant shall be notified of the additional items necessary to complete the
				  application. If the additional items are not received within 30 days, a second
				  request shall be sent to the applicant. If after an additional 30 days, the
				  items have been not received, the file shall be closed and the known parties
				  shall be notified.
(5) When
				  requesting an exception, the applicant is encouraged to propose alternatives at
				  the time the request is submitted or any time before the board takes final
				  action. Alternatives to present methods of compliance that are submitted for
				  consideration shall achieve a level of performance adequate to meet the intent
				  of the act and the rules and shall not effectively deviate from the goals and
				  objectives of the present barrier free design requirements, while assuring that
				  the health, safety, and welfare of the people of the state are
				  maintained.
(6) Parties to an
				  exception application shall include all of the following parties:
(a) The applicant or the applicant's
				  representative, or both.
(b) The
				  appropriate administrative authority.
(c) Any other party which has been admitted
				  after petitioning to intervene pursuant to
				  R
				  125.1005.
(d) The complainant, if a complaint has been
				  filed pursuant to
				  R
				  125.1017 before the filing of the exception
				  request.