Variances

A variance is not a relaxation of code requirements. It is an evidence-based authorization to vary a requirement where compliance is demonstrated through recognized code pathways using approved alternative solutions.

What is a variance?
A variance is the formal legal authorization under the Safety Codes Act to permit a deviation from the prescriptive requirements, process, equipment, or action that is not strictly consistent with existing code rules, where it is demonstrated that the proposed solution provides an approximate equivalent or greater level of safety performance with respect to persons and property.

What is an alternative solution? 

An alternative solution is the technical evidence used to support a variance. It demonstrates, through analysis, design, or other supporting rationale, that the proposed solution achieves an equivalent or greater level of performance than the prescriptive code requirements.

Legal Authority and Compliance Pathways 

The Safety Codes Act provides the legal authority for a variance to be issued where an owner or applicant proposes a different method, material, equipment, process, or action than what is required by the applicable code or regulation.  

• The Safety Codes Act creates the authority to issue a variance where the statutory requirements are met; 

• Codes and standards outline the prescriptive requirements that must be met. 

• For the National Model Codes—building, energy, fire, and plumbing—Division A establishes the compliance pathway for alternative solutions. It permits compliance through a solution that achieves at least the minimum level of performance required by Division B in the areas defined by the objectives and functional statements attributed to the applicable acceptable solutions. Division C, Section 2.3.1 then sets out the documentation required to identify the applicable acceptable solution, describe the proposed alternative, and demonstrate that it achieves the required level of performance. 

• Other codes and standards, including those for electrical, gas, and private sewage systems, do not use the same mandatory Division C alternative-solution framework. However, when assessing variance applications in these disciplines, following the National Model Codes approach in principle is considered best practice for due diligence and good-faith protection. 

NOTICE – Variances under the Safety Codes Act 

When are variances used?

Variances are used where prescriptive code requirements cannot be met or where alternative approaches are proposed, including: 

• Innovative or non-standard design solutions 

• New construction materials, technologies, or methodologies 

• Site-specific constraints requiring a performance-based approach

How can a variance be requested?

Variances are requested by the owner or owner’s representative. A formal request is made to the safety codes officer. Variances may only be issued by a safety codes officer, or an Administrator. 

Access the variance request form below to prepare and submit a variance request. 

Access the Variance Request Form 

For guidance on mandatory documentation requirements for variances, refer to the Mandatory Documentation of Variances Information Bulletin