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          10:09:03:02.  Procedures for granting waivers. An agency may request a waiver by submitting a written request to the OSE prior to the construction documents phase of the project. OSE will provide a written response to the waiver request within 30 days of receipt. The written waiver request must include:


          (1)  Justification why a high performance building standard cannot be met; and

          (2)  Steps the owner will take to meet as many energy points as possible under the rating system; and

          (3)  If the request is based on the inability to recoup costs in 15 years, the calculations as defined in ยง 10:09:04:01; or

          (4)  If the square footage of the renovation project is less than fifty percent of the total square footage of the building being renovated, a three year building use plan.


          Source: 34 SDR 323, effective July 3, 2008.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-38.


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