Vermont Access Rules 2012 - - Vermont Division of Fire Safety

12.2 Process for Obtaining a Variance,Exemption or Abatement: Any request for avariance, exemption or abatement may bereviewed under any category at the discretionof the board. All requests for a variance,exemption or abatement shall be submitted tothe Vermont Access Board, Division of FireSafety, 1311 US Route 302 – Berlin, Suite600, Barre, VT 05641-2351, at least 15 daysprior to a board meeting, with sufficient dataand information so the board can make aninformed decision on the request; including thefollowing information:(a) A written statement of the specific requestfrom the applicant.(b) Whether the applicant or a representativeof the applicant will appear before theboard to present information on therequest.(c) Whether the request is covered by federallaw.(d) A summary of the request indicating why avariance, exemption or abatement shouldbe granted by the board and whatalternative provisions are being made toprovide access and or use by people withdisabilities.(e) Documentation that the building is ahistoric building and the historic features,elements or spaces important to theunderstanding of the request.(f) Documentation on the overall costs of thebuilding project including the cost ofaccessible features provided, costs of fullcompliance with these rules and the costsfor any alternative proposed by theapplicant. Estimates of construction costshall be based upon fair market value.(See page 8 – 2010 ADA Standards forAccessibility Guide for additionalinformation regarding “Disproportionality”)The Board may limit repetitive or irrelevantdiscussion.15.4 Reconsideration or Appeal:(a) When there has been a denial of a requestfor a variance, exemption or abatement, theperson affected by the decision may requestreconsideration of that decision by providingadditional information, or other grounds forthe reconsideration, to the Board at theaddress of the Division of Fire Safety,Central Office, within 60 days of the writtendenial by the Board.(b) After reconsideration, an appeal of thedecision of the Board is to the Superior Court,pursuant to the provisions of Vermont Rules ofCivil Procedure, Rule 75. An appeal shall be filedwithin 60 days of the written denial by the Boardof the request for reconsideration.Chapter 13. Effective Date andSeverability16.1 Effective Dates:(a) These amended rules shall take effect April1, 2012November 15, 2013 and shall beknown as the Vermont Access Rules – 2012.16.2 Severability: In the event any part orprovision of these rules is held to be illegal, thisshall not have the effect of making void or illegalany of the other parts or provisions of theserules.12.3 Participation in Board Proceeding: Anyperson who can demonstrate asubstantial interest in a request underconsideration by the board may requestpermission to participate in the proceedingbefore the Board. The request to participateshall be made to the Division at least twoworking days before the meeting of the Board.10