N.J. Admin. Code § 5:23-8.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:23-8.4 - Variations

(a) No variations from the requirements of this subchapter shall be made except upon written approval from the Department. The application for a variation shall be filed by the owner or the agent of the owner and forwarded to the Department with the recommendation of the asbestos safety control monitor. Any variation shall be consistent with N.J.A.C. 5:23-2 and the intent of this subchapter.

(b) An application for a variation pursuant to this section shall be filed in writing with the Department and shall include specifically:

1. A statement of the requirements of this subchapter from which a variation is sought;

2. A statement of the manner by which strict compliance with said provisions would result in practical difficulties;

3. A statement of the nature and extent of such practical difficulties;

4. A statement of feasible alternatives to the requirements of this subchapter which would adequately protect the health, safety and welfare of the occupants or intended occupants and the public generally and which would adequately prevent contamination of the environment. Plans describing any relevant aspects of the variation requested, as pertaining to the layout of the work area, work procedures, exit requirements, or safety, shall be submitted with the statement of feasibility; and

5. The appropriate fee.

(c) The fee for an application for a variation from this subchapter shall be $ 571.00 and shall be paid by check or money order payable to "Treasurer, State of New Jersey."

(d) The validity of an approved variation shall be determined as follows:

1. Any approved variation shall become invalid if the authorized work is not commenced within 12 months after the approval of the variation, or if the authorized work is suspended or abandoned for a period of 12 months after the time of commencing the work.

N.J. Admin. Code § 5:23-8.4

Amended by 46 N.J.R. 2024(a), effective 10/6/2014.