Variance, Exemption and Reconsideration

Variance, Exemption and Reconsideration (1) (a) Variance – Historical Character. The Administrator may grant a variance approving a different solution to compliance with the intent of this code. In considering a request for a variance, the Administrator may take into consideration the impact to the historic character of the conveyance and/or the building. (b) In order for a variance or exemption request to be reviewed the owner or designated representative shall submit: (i) Evidence that the proposed or existing conveyance is not in compliance with this Code. (ii) Evidence, letters, statements, test results, construction documents, or other supporting information as required justifying the request. (iii) Evidence that strict compliance with the Code would entail practical difficulty, unnecessary hardship or is otherwise found unwarranted. (iv) Evidence that any such variance or exemption secures the public safety and health and that the methods, means or practices proposed provide equal protection of the public safety and health. (2) (a) Variance – New Technology. Prior to the installation of any device, equipment or technology not permitted by the currently adopted standards, a contractor or an equipment manufacturer must submit an application for new technology variance for approval by the Administrator. (b) An application for a new technology variance shall contain the following, if applicable: (i) An enumeration and description of all the requirements of the adopted standards for which a new technology variance is being requested; (ii) Documentary evidence to support a claim of equivalence or superiority to the requirements of the adopted standards; (iii) Documentary evidence that the new technology is being or may be considered by the ASME code committee(s) for inclusion in a future standard; and (iv) Any additional supporting evidence deemed by the applicant to be necessary to assist in making a determination. (3) The determination on the variance or exemption request shall be made in writing to the applicant and shall advise the applicant of the reconsideration process. This determination shall be made no later than thirty (30) days after the request is made. (4) The Administrator may reconsider an interpretation or decision made pursuant to this Section. To request reconsideration the owner shall submit a written request to the Administrator including: (a) Evidence the proposed or existing conveyance is not in compliance with this Code. (b) Evidence, letters, statements, test results, construction documents or other supporting information as required justifying the request. (c) Evidence that the true intent of the Code has been incorrectly interpreted, or the provisions of the Code do not fully apply; or the decision is unreasonable or arbitrary as it applies to alternatives or new materials. (d) The request for reconsideration shall be submitted no later than 30 days after receiving the variance or exemption determination. (e) A request for variance, exemption, or reconsideration shall not relieve a person from complying with this Code, permit or occupancy requirements, unless the Administrator expressly authorizes an extension of compliance period pending review of the request. (5) Any request for a variance must include the variance application fees as set forth in Section 10.16 of this Regulation. (6) The Administrator shall make available a form which shall be used to submit applications for a variance from the adopted elevator code as authorized under this Regulation. However, the standards for the granting or denial of a variance as set forth in this Regulation are the standards applicable to the granting or denial of a variance and are not altered, amended, changed or diminished by the adoption of said form as an administrative requirement for the processing of the application for a variance. The applicant has the burden of proof to meet the standards set forth in this Regulation.