Okla. Stat. tit. 59, § 59-1021.1

Appeals Board.

A. 1. There is hereby created the Oklahoma State Plumbing

Installation Code Variance and Appeals Board. The Variance and

Appeals Board shall hear testimony and shall review sufficient

technical data submitted by an applicant to substantiate the

proposed installation of any material, assembly or manufacturer-

engineered components, equipment or system that is not specifically

prescribed by an appropriate installation code, an industry

consensus standard or fabricated or installed according to

recognized and generally accepted good engineering practices, where

no ordinance or regulation of a governmental subdivision applies.

If it is determined that the evidence submitted is satisfactory

Oklahoma Statutes - Title 59. Professions and Occupations Page 887

proof of performance for the proposed installation, the Variance and

Appeals Board shall approve such alternative, subject to the

requirements of the appropriate installation code. Applications for

the use of an alternative material or method of construction shall

be submitted in writing to the Construction Industries Board for

approval prior to use. Applications shall be accompanied by a

filing fee, not to exceed Fifty Dollars ($50.00), as set by rule of

the Construction Industries Board.

2. The Variance and Appeals Board shall also hear appeals from

contractors, licensed by the Construction Industries Board, and any

party who has an ownership interest in or is in responsible charge

of the design of or work on the installation, who contest the

Construction Industries Board's interpretation of the state's model

plumbing installation code as applied to a particular installation.

Such appeals shall be based on a claim that:

a. the true intent of the installation code has been

incorrectly interpreted,

b. the provisions of the code do not fully apply, or

c. an equal or better form of installation is proposed.

Such appeals to the Variance and Appeals Board shall be made in

writing to the Construction Industries Board within fourteen (14)

days after a code interpretation or receipt of written notice of the

alleged code violation by the licensed contractor.

B. The Variance and Appeals Board shall consist of the

designated representative of the Construction Industries Board and

the following members who, except for the State Fire Marshal or

designee, shall be appointed by the Construction Industries Board

from a list of names submitted by the professional organizations of

the professions represented on the Variance and Appeals Board and

who shall serve at the pleasure of the Construction Industries

Board:

1. Two members shall be appointed from the State Committee of

Plumbing Examiners; one shall be a contractor with five (5) years of

experience and one shall be a journeyman with five (5) years of

experience;

2. One member shall be a registered design professional who is

a registered architect with at least ten (10) years of experience,

five (5) of which shall have been in responsible charge of work;

3. One member shall be a registered design professional with at

least ten (10) years of structural engineering or architectural

experience, five (5) of which shall have been in responsible charge

of work;

4. One member shall be a registered design professional with

mechanical or plumbing engineering experience; provided, such member

shall have at least ten (10) years of experience, five (5) years of

which shall have been in responsible charge of work;

Oklahoma Statutes - Title 59. Professions and Occupations Page 888

5. One member shall be a registered design professional with

electrical engineering experience; provided, such member shall have

at least ten (10) years of experience, five (5) years of which shall

have been in responsible charge of work; and

6. One member shall be the State Fire Marshal or a designee of

the State Fire Marshal.

Any member serving on the Variance and Appeals Board on January
5. One member shall be a registered design professional with

electrical engineering experience; provided, such member shall have

at least ten (10) years of experience, five (5) years of which shall

have been in responsible charge of work; and

6. One member shall be the State Fire Marshal or a designee of

the State Fire Marshal.

Any member serving on the Variance and Appeals Board on January

1, 2002, may continue to serve until a replacement is appointed by

the Construction Industries Board.

C. Members, except the designated representatives of the State

Fire Marshal and the Construction Industries Board, and employees of

the Construction Industries Board, shall be reimbursed for travel

expenses pursuant to the State Travel Reimbursement Act from the

revolving fund created pursuant to Section 1018 of this title.

D. The Variance and Appeals Board shall meet after the

Construction Industries Board receives proper application for a

variance, accompanied by the filing fee, or proper notice of an

appeal, as provided in subsection A of this section.

E. The designated representative of the Construction Industries

Board shall serve as chair of the Variance and Appeals Board. A

majority of the members of the Variance and Appeals Board shall

constitute a quorum for the transaction of business.