North Dakota Administrative Code › Title 62 - State Board of Plumbing › Article 62-04 - State Water Conditioning Code › Chapter 62-04-03 - Materials › Section 62-04-03-02 - Alternate materials and methods

Current through Supplement No. 393, July, 2024
1.
Existing
				buildings.
In existing buildings or premises in which plumbing
				installations are to be altered, renovated, or replaced, such new materials and
				work shall meet or exceed the provisions of this article. Where the
				administrative authority shall find that the full performance of bringing such
				work into compliance with all requirements of this article would result in
				exceptional undue hardship by reason of excessive structural or mechanical
				difficulty, or impracticability, a deviation may be granted by the
				administrative authority only where, and to the extent, necessary to ameliorate
				such exceptional or undue hardship, and only where, and to the extent, such
				deviation can be granted without impairing the intent and purpose of this
				article. A record, open to inspection by the public shall be maintained by the
				administrative authority of each and every deviation allowed under the terms of
				this subsection.
2.
Approval.
The administrative authority may approve the use of
				fixtures, appurtenances, materials, and methods of a type not conforming with
				the requirements of, nor expressly prohibited by, this article after
				determination that such fixture, appurtenance, material, or method is of such
				design or quality, or both, as to appear to be suitable, safe, and sanitary for
				the use for which it is intended. A record of such instances shall be
				maintained and shall be available to the public. Action shall be taken within
				reasonable time to amend this article so as to either authorize or prohibit
				such use. Any person desiring to install or use a fixture appurtenance,
				material, or method of a type not conforming with the requirements of, nor
				expressly prohibited by, this article shall, prior to such installation or use,
				submit to the administrative authority such proof as may be required to
				determine whether such fixture, appurtenance, material, or method is of such
				design or quality, or both, as to appear to be suitable, safe, and sanitary for
				the use for which it is intended. In the event the administrative authority
				determines that it does appear to be suitable, safe, and sanitary for the use
				for which it is intended, the administrative authority may then permit such
				use; provided, that the manner of installation or use is otherwise in
				accordance with this article. In view of the special nature of these cases,
				such use shall be subject to periodic inspection by the administrative
				authority and such fixture, appurtenance, material, or method shall, upon
				order, be discontinued or removed if such inspection indicates it is
				unsuitable, unsafe, insanitary, or contrary to the provisions of this or other
				applicable codes.
3.
Tests.
When there is insufficient evidence to verify claims for alternate
				materials the administrative authority may require as proof of suitability
				tests of compliance by an approved agency at the expense of the applicant.
4.
Test procedure.
Tests shall be made in accordance with generally recognized standards;
				but in the absence of such standards, the administrative authority shall
				specify the test procedure.
5.
Repeated tests.
The administrative authority may require tests to
				be repeated if, at any time, there is reason to believe that an alternate
				material no longer conforms to the requirements on which its approval was
				based.
6.
Limitation of lead
				content.
Pipe and fittings used in the potable water supply system may
				not contain more than eight percent lead.
General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04