{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1850.16","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1850.16","heading":"Oklahoma State Mechanical Installation Code Variance","body":"and Appeals Board.\n\nA. 1. There is hereby created the Oklahoma State Mechanical\n\nInstallation Code Variance and Appeals Board. The Variance and\n\nAppeals Board shall hear testimony and shall review sufficient\n\ntechnical data submitted by an applicant to substantiate the\n\nproposed installation of any material, assembly or manufacturer-\n\nengineered components, equipment or system that is not specifically\n\nprescribed by an appropriate installation code, an industry\n\nconsensus standard or fabricated or installed according to\n\nrecognized and generally accepted good engineering practices, where\n\nno ordinance of a governmental subdivision applies. If it is\n\ndetermined that the evidence submitted is satisfactory proof of\n\nperformance for the proposed installation, the Variance and Appeals\n\nBoard shall approve such alternative, subject to the requirements of\n\nthe appropriate installation code. Applications for the use of an\n\nalternative material or method of construction shall be submitted in\n\nwriting to the Construction Industries Board for approval prior to\n\nuse. Applications shall be accompanied by a filing fee, not to\n\nexceed Fifty Dollars ($50.00), as set by rule of the Board.\n\n2. The Variance and Appeals Board shall also hear appeals from\n\ncontractors, licensed by the Construction Industries Board, and any\n\nperson who has ownership interest in or is in responsible charge of\n\nthe design of or work on the installation, who contest the\n\nConstruction Industries Board's interpretation of the state's model\n\nmechanical installation code as applied to a particular\n\ninstallation. Such appeals shall be based on a claim that:\n\na. the true intent of the installation code has been\n\nincorrectly interpreted,\n\nb. the provisions of the code do not fully apply, or\n\nc. an equal or better form of installation is proposed.\n\nSuch appeals to the Variance and Appeals Board shall be made in\n\nwriting to the Construction Industries Board within fourteen (14)\n\ndays after a code interpretation or receipt of written notice of the\n\nalleged code violation by the licensed contractor.\n\nB. The Variance and Appeals Board shall consist of the\n\ndesignated representative of the Construction Industries Board and\n\nthe following members who, except for the State Fire Marshal or\n\ndesignee, shall be appointed by the Construction Industries Board\n\nfrom a list of names submitted by the professional organizations of\n\nthe professions represented on the Variance and Appeals Board and\n\nwho shall serve at the pleasure of the Construction Industries\n\nBoard:\n\n1. Two members shall be appointed from the Committee of\n\nMechanical Examiners; one shall be a contractor with five (5) years\n\nof experience and one shall be a journeyman with five (5) years of\n\nexperience;\n\n2. One member shall be a registered design professional who is\n\na registered architect with at least ten (10) years of experience,\n\nfive (5) years of which shall have been in responsible charge of\n\nwork;\n\n3. One member shall be a registered design professional with at\n\nleast ten (10) years of structural engineering or architectural\n\nexperience, five (5) years of which shall have been in responsible\n\ncharge of work;\n\n4. One member shall be a registered design professional with\n\nmechanical or plumbing engineering experience; provided, such member\n\nshall have at least ten (10) years of experience, five (5) years of\n\nwhich shall have been in responsible charge of work;\n\n5. One member shall be a registered design professional with\n\nelectrical engineering experience; provided, such member shall have\n\nat least ten (10) years of experience, five (5) years of which shall\n\nhave been in responsible charge of work; and\n\n6. One member shall be the State Fire Marshal or a designee of\n\nthe State Fire Marshal.\n\nAny member serving on the Variance and Appeals Board on January\n\n1, 2002, may continue to serve on the Variance and Appeals Board\nctrical engineering experience; provided, such member shall have\n\nat least ten (10) years of experience, five (5) years of which shall\n\nhave been in responsible charge of work; and\n\n6. One member shall be the State Fire Marshal or a designee of\n\nthe State Fire Marshal.\n\nAny member serving on the Variance and Appeals Board on January\n\n1, 2002, may continue to serve on the Variance and Appeals Board\n\nuntil a replacement is appointed by the Construction Industries\n\nBoard.\n\nC. Members, except the designee of the Construction Industries\n\nBoard and the State Fire Marshal, or the designated representative\n\nof the State Fire Marshal, and employees of the Construction\n\nIndustries Board, shall be reimbursed for travel expenses pursuant\n\nto the State Travel Reimbursement Act from the revolving fund\n\ncreated pursuant to Section 1850.13 of Title 59 of the Oklahoma\n\nStatutes.\n\nD. The Variance and Appeals Board shall meet after the\n\nConstruction Industries Board receives proper application for a\n\nvariance, accompanied by the filing fee, or proper notice of an\n\nappeal, as provided in subsection A of this section.\n\nE. The designated representative of the Construction Industries\n\nBoard, shall serve as chair of the Variance and Appeals Board. A\n\nmajority of the members of the Variance and Appeals Board shall\n\nconstitute a quorum for the transaction of business.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"48c381bf448c33233362ddb928d9984ae298de7b0f4e80dfb7c553954e82f275","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1850.15","next":"us-ok/okla.-stat.-tit.-59-59-1850.17"},"notice":"GroundRules: Original legal text. Not legal advice."}