Section 860-RICR-00-00-2.9 - VariancesA. A variance may be granted to an Owner where there exists a hardship to financing Lead Safe Compliance, or where weather, materials, or personnel delay completion of the work.B. A request for a variance must be submitted in writing, on a form approved by HRC.C. For the purposes of this Part, an interior Certificate of Conformance issued between November 1 and March 31, when the weather prevents correcting exterior lead hazards, is considered an automatic weather variance which will expire the following June 30. 1. On or before June 30, a Licensed Lead Inspector shall conduct an exterior re-inspection to issue a full Certificate of Conformance if the exterior inspection passes. The full Certificate of Conformance will expire two (2) years from the date that the interior inspection, including dust wipe sampling, passed. Both the interior and exterior independent clearance inspection forms and signed variance request must be included in the final Mitigation Report.2. After June 30, a Licensed Lead Inspector shall conduct a full independent clearance inspection (i.e. interior, including dust wipe sampling, and exterior) to issue a full Certificate of Conformance if the inspection passes. The new Certificate of Conformance will expire two (2) years from the date of the last inspection and dust wipe sampling.D. HRC may declare any variance granted pursuant to this Section immediately null and void if the HRC determines that the terms of the variance have been violated.860 R.I. Code R. 860-RICR-00-00-2.9
Amended effective 1/2/2019