Here in NJ as an AHJ we are allowed to waive the code. It is called an Application for a Variation of the UCC which stands for Uniform Construction Code of NJ. The application ask 3 basic questions.
1) Please state the requirements of the subcode from which a variation is sought?(You have to cite code sections)
2) How would compliance with said provision result in practical difficulties? (Here you have to explain why you can't meet the code section.)
3) Please state an alternative to the subcode requirement that will still protect the health, safety and welfare of the occupants. (Here you really have to come up with a great reason and a great idea on how you can meet the code in a different way)
That might be difficult to get a variation, I know some AHJ's who grant them and some that don't.
