(a) The executive director may grant an exception to any or all of paragraphs (1) - (9) of this subsection if the executive director determines that the physical conditions involved or consequences of potential failure, when evaluated using accepted engineering practices, make the requirements unnecessary:
  (1) §299.4 of this title (relating to Professional Engineer);
  (2) §299.22 of this title (relating to Review and Approval of Construction Plans and Specifications);
  (3) §299.23 of this title (relating to Maintenance of Construction Records);
  (4) §299.24 of this title (relating to Construction Progress Reports);
  (5) §299.25 of this title (relating to Construction Inspection);
  (6) §299.26 of this title (relating to Construction Change Orders);
  (7) §299.28 of this title (relating to Deliberate Impoundment);
  (8) §299.30 of this title (relating to Record Drawings); and
  (9) §299.31 of this title (relating to Permanent Reference Mark).
(b) The owner shall submit the request for an exception in writing to the executive director. The request may include:
  (1) cost-benefit analyses;
  (2) detailed engineering studies prepared by a professional engineer; and
  (3) any other pertinent information.
(c) The executive director's decision to approve or deny the request for an exception must be in writing and specify the extent of the exception granted or denied and the executive director's reasons for granting or denying the exception.

Source Note: The provisions of this §299.5 adopted to be effective January 1, 2009, 33 TexReg 10465