Section 16a-38k-9 - ExemptionsAny exemption request shall be submitted to the secretary with the signature of the agency commissioner, deputy commissioner, president or vice president of the agency, or the chief operating officer of the municipality or school district that is responsible for the ongoing care, operation, and maintenance of the building. Within no more than forty-five days of submittal of an exemption request, the secretary, in consultation with the commissioner and the Institute of Sustainable Energy, may exempt a facility from complying with these regulations if the secretary finds, in a written analysis, that the cost of such compliance significantly outweighs its benefits. Requests for exemptions shall be submitted to the secretary with cost/benefit calculations and life-cycle analysis and shall include:
(a) for projects as defined in sections 16a-38k-2(a) and 16a-38k-2(b) of the Regulations of Connecticut State Agencies: (1) a description of the building project,(2) documentation for such costs required to minimally meet the provisions of sections 16a-38k-3 and 16a-38k-4 of the Regulations of Connecticut State Agencies or, alternatively, sections 16a-38k-3 and 16a-38k-7 of the Regulations of Connecticut State Agencies,(3) what efforts have been made to comply with the provisions of sections 16a-38k-3 and 16a-38k-4 of the Regulations of Connecticut State Agencies or, alternatively, sections 16a-38k-3 and 16a-38k-7 of the Regulations of Connecticut State Agencies,(4) health and safety impacts of the building occupants and building management personnel, and(5) the reason(s) for which such an exemption is necessary. In the case of an historic building, documentation of the building being on the State Register of Historic Places or the National Register of Historic Places shall be submitted.(b) for projects as defined in sections 16a-38k-2(c) and 16a-38k-2(d) of the Regulations of Connecticut State Agencies: (1) a description of the building project,(2) documentation for such costs required to minimally meet the provisions of sections 16a-38k-3, 16a-38k-5 and 16a-38k-6 of the Regulations of Connecticut State Agencies or, alternatively, sections 16a-38k-3, 16a-38k-5 and 16a-38k-7 of the Regulations of Connecticut State Agencies,(3) what efforts have been made to comply with the provisions of sections 16a-38k-3, 16a-38k-5 and 16a-38k-6 of the Regulations of Connecticut State Agencies or, alternatively, sections 16a-38k-3, 16a-38k-5 and 16a-38k-7 of the Regulations of Connecticut State Agencies,(4) health and safety impacts of the building occupants and building management personnel, and(5) the reason(s) for which such an exemption is necessary. In the case of an historic building, documentation of the building being on the State Register of Historic Places or the National Register of Historic Places shall be submitted. If the secretary approves of any such exemption, the secretary shall notify the SDE commissioner in writing of such exemption.Conn. Agencies Regs. § 16a-38k-9
Adopted effective September 2, 2009