A. The hazardous materials manager may approve the use of any material design, installation, device, arrangement or operation other than prescribed by this title if the hazardous materials manager finds that the proposed material, appliance, design, installation, device, arrangement or operation is equivalent to that prescribed in quality, strength, effectiveness, durability and safety for the protection of life and health. Any such finding shall be in writing and shall state the factual basis therefore.

B. The hazardous materials manager may require that sufficient evidence or proof be submitted to substantiate any claim regarding the use of such equivalent.

C. Whenever there is any evidence that material, appliance, installation, device or arrangement does not conform to the provisions of this title, or in order to substantiate claims for an equivalent, the hazardous materials manager may require tests by an approved agency as proof of compliance. These tests shall be made at the expense of the claimant. (Ord. 6824-NS § 3, 2004)