62-814.310. Deviations from Standards and Criteria

(1) Deviations from the standards and criteria contained in publications listed in subsection 62-814.300(2), F.A.C., above or equivalent methodology for the computation and measurement methodology referenced in Rule 62-814.460, F.A.C., may be approved by the Department provided the applicant’s engineer’s report provides reasonable assurance that the proposed design, calculations or measurement methods will result in electrical facilities meeting the requirements of this rule.

(2) The Department may approve deviations from the standards and criteria contained in the publications listed in subsection 62-814.300(2), F.A.C., above or equivalent methodology for the computation or measurement of electric and magnetic fields upon a finding that conformance to them will not result in noncompliance with the remainder of this chapter or other rules of this Department in accordance with the following:

(a) The owner or operator of any electrical facility subject to the provisions of this section may request in writing a determination by the Secretary or the Secretary’s designee that any requirement of Rule 62-814.300 or 62-814.460, F.A.C., relating to measurement or calculation of electric or magnetic fields, procedures, test equipment, methodology, or test facilities shall not apply to such electrical facility, and shall request approval of alternate standards or criteria.

(b) The request shall set forth the following information, at a minimum:

1. Specific electrical facility for which an exception is required.

2. The specific provision(s) of Rule 62-814.300 or 62-814.460, F.A.C., from which an exception is sought.

3. The basis for the exception, including but not limited to any hardship which would result from compliance with the provisions of Rule 62-814.300 or 62-814.460, F.A.C.

4. The alternate standard(s) or criteria for which approval is sought and a demonstration that such alternate standard(s) or criteria shall be adequate to demonstrate compliance with the field strength standards contained in this chapter.

(c) The Secretary or the Secretary’s designee shall specify by order each alternate standard or criteria approved for an individual electrical facility in accordance with this section or shall issue an order denying the request for approval. The Department’s order shall be the final agency action, reviewable in accordance with Section 120.57, F.S.

Specific Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.301, 17-814.310.