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(a) The standard adopted in 15 AAC 155.010 applies to:
(1) a residential building, the construction of which began after December 31, 1991, that receives state financial assistance; or
(2) a community-owned building, the construction of which began after December 31, 1991, that is constructed, improved, purchased, or used with state financial assistance, other than under AS 29.60.010 - 29.60.375 and AS 29.60.450 - 29.60.599.
(b) The standard does not apply to a building that is:
(1) in a community, or a part of a community, exempted from the standard by the Corporation under (c) of this section; or
(2) provided to temporarily meet an emergency need due to fire, flood, or other natural disaster.
(c) Upon a request under (d) of this section, the executive director will determine whether a community, or a part of a community, is exempt from meeting the standard adopted in 15 AAC 155.010. The executive director will grant an exemption if the executive director determines that the cost of heating fuel in the community, or a part of the community, does not economically justify the estimated cost to meet the standard using a life-cycle cost analysis.
(d) A community may request an exemption, and may appeal any denial of an exemption in the following manner:
(1) a request must be sent in writing to the executive director and must include information necessary to support the request; the request must be signed by an individual authorized to sign for the community;
(2) the executive director will send his or her decision to the requester; the decision will be sent by certified mail within 60 days after either receipt of the request or the executive director's finding that the necessary information has been included, whichever is later;
(3) on the community's behalf, the requester may appeal the executive director's decision under 15 AAC 150.210.
History: Eff. 5/7/93, Register 130; am 2/1/2002, Register 161
Authority: AS 18.56.088
AS 18.56.096 (c)
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Last modified 7/05/2006