Sec. 09.12.01.31. Variance from Regulation

A. A person who believes that a regulation is unreasonable or imposes an undue burden on an owner may request the Board of Boiler Rules to grant a variance from that regulation.

B. An application for variance shall:

(1) Be in writing;

(2) Specify the:

(a) Name and address of the applicant,

(b) Regulation from which the applicant seeks a variance,

(c) Location, equipment, and practices involved;

(3) State:

(a) In detail, the reasons why the applicant requests the variance, and

(b) The steps the applicant has taken and will take, with specific dates when appropriate, to protect employees and the public against the hazard covered by the regulation;

(4) Certify that the applicant has given appropriate notice of the application to:

(a) The applicant's employees affected by the variance,

(b) All authorized representatives of the affected employees, and

(c) Other persons affected by the condition for which a variance is sought;

(5) Include a:

(a) Copy or description of the required notice, and

(b) List of the names and addresses of persons entitled to notice.

C. Order of Variance.

(1) After an investigation and such hearing as it may direct, the Board of Boiler Rules may grant a variance from a regulation.

(2) An order of variance may impose special conditions necessary to ensure equivalent safety.

D. When there is reason to believe, or when a complaint is received, that a variance does not provide safety equivalent to the regulation, the Board of Boiler Rules may continue, suspend, revoke, or modify the conditions specified in a variance order after:

(1) Notice to the owner and to the complainant, if any; and

(2) Such investigation and hearing as the Board of Boiler Rules may direct.

E. A declaration, act, or omission of the Board of Boiler Rules, the chief boiler inspector, a deputy boiler inspector, or a special inspector, other than a written order authorizing a variance in accordance with this regulation, may not exempt an owner from full compliance with this chapter.