Variances

PURPOSE: This rule describes the process to request exceptions or variances to the rules. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of the State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. (1) Sections 701.350–701.380, RSMo, and these rules and regulations authorize the board in any particular case to grant exceptions and variances. Such exceptions or variances shall only be granted where it is clearly evident that they are necessary in order to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the board, reasonable safety will be secured. (2) Application for a Variance. (A) An application for a variance shall be submitted by the owner, operator, lessee or agent of either to the department on a form supplied by and approved by the department. The application shall be accompanied by the following: 1. An application for installation, and detailed plans and specifications as required by 11 CSR 40-5.050 as listed herein; or 2. An application for alteration, and detailed plans and specifications as required by 11 CSR 40-5.080 as listed herein. (B) The department shall review the application for a variance and its attachments. The department shall conduct an on-site inspection of any elevator equipment in existence. The department shall prepare a report for the board and its recommendations which shall include a copy of any inspection report and copies or citations to any applicable ASME Code standards, which are incorporated in this rule by reference. (3) The department shall notify the applicant for the variance of the date, time, and place of the hearing, before the board, on the application for a variance. Such notice shall include a copy of the department’s report for the board and its recommendations. (4) After the hearing, the board shall grant or deny the variance. The board may grant a variance conditioned upon the provision of alternate means of providing for public safety. (5) If the board grants a variance, a variance certificate shall be issued by the department. Such a certificate shall reflect on its face the following: (A) The state number assigned by the department; (B) The type of equipment for which it is issued; (C) The owner, operator, lessee or agent of either to whom the variance is granted; (D) The location of the elevator equipment; and (E) Any conditions imposed by the board. (6) The owner, operator, lessee or agent of either shall maintain the variance certificate at the location of the elevator equipment and make it accessible to any licensed inspector. AUTHORITY: section 701.355, RSMo 1994.* Original rule filed Aug. 26, 1998, effective July 1, 1999. *Original authority: 701.355, RSMo 1994.