Tenn. Comp. R. & Regs. 0780-02-03-.12 - EQUIVALENCIES
(1) Wherever there are practical difficulties
involved in carrying out the provisions of this Chapter and the codes adopted
in this Chapter, the Commissioner of Commerce and Insurance, or the
Commissioner's designee, shall have the authority to grant modifications for
individual cases, upon application of the owner or owner's representative,
provided the Commissioner of Commerce and Insurance, or the Commissioner's
designee, shall first find that the special individual reason makes the strict
application of the codes adopted in this Chapter impractical and the
modification is in compliance with the intent and purpose of the codes adopted
in this Chapter and that such modification does not lessen, health,
accessibility, life and fire safety, or structural requirements. The details of
action granting modifications shall be recorded and kept in the files of the
Division.
(2) The provisions of the
codes adopted in this Chapter are not intended to prevent the installation of
any material or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such alternative has
been approved. An alternative material, design or method of construction shall
be approved where the Commissioner of Commerce and Insurance, or the
Commissioner's designee, finds that the proposed design is satisfactory and
complies with the intent of the codes adopted in this Chapter, and that the
material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed by the codes adopted in this Chapter in quality,
strength, effectiveness, fire resistance, durability and safety.
Notes
Authority: T.C.A. ยงยง 68-102-113 and 68-120-101(a) and (d).
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