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<br />3'3.:i <br /> <br />(3) Variance requests will not 1;>e accepted after completion of construction <br />(based on the recorded estimated completion date). Deficiencies noted after <br />completion wili be addressed as an enforcement issue as provided by section <br />68.91 of this title (relating to Enforcement Authority). <br /> <br />(4) Requests to waive or modify a standard shall be submitted on a Variance <br />Application obtained from'the department., Written cost estimates as well as <br />dIawings justifying the cost of compliance shall be attached. <br /> <br />(5) Variance applications must be submitted by the owner or the designated <br />agent. <br /> <br />(6) Variance applications shall be accompanied by the applicable fee. <br /> <br />(7) After receiving the application the department shall decide whether such <br />standards or specifications are impracticable and shall determine the extent <br />of compliance required. <br /> <br />(8) The department may consult with others including state agencies having <br />rehabilitation functions or, that extend direct services to persons with <br />disabilities and members of the Architectural Barriers Advisory Committee. <br />.j <br /> <br />(9) The applicant shall be advised of the decision in writing. <br /> <br />(10) , The department ,may perform inspections when it has reason to believe that <br />a change in function or utility has occurred within a building or facility that <br />has previously been granted a variance or waiver. <br /> <br />68.32. Appeals. (Effecm'e June I, 1994. 19 TexReg 3485) <br /> <br />(a) Appeal of staff decision, disapproving a variance or waiver application shall be <br />submitted to the Director of Policies and Standards Division within 14 days of <br />notification of staff decision. <br /> <br />(b) Appeals to the Director of Policies and Standards Division shall be accompanied by <br />the applicable fee. <br /> <br />(c) The Division Director's decision may be appealed to the Commissioner of the Texas <br />Department of Licensing and Regulation in writing within ten days of notification of <br />me Division Director's decision. <br /> <br />(d) The party making the appeal shall be advised in writing of the determination. <br /> <br />Chaptu 68. A.rchit~ctUTaI Barries <br /> <br />Page 5-R <br /> <br />June 1, 1994 <br />