(a) Requests to waive or modify a rule or code requirement
must be submitted on a department-approved variance application form.
A separate variance application form shall be submitted for each boiler
for which a variance is sought.
(b) In evaluating a request for variance, the department
shall consider whether the variance would be in the public interest,
and may consider factors such as the effect of the proposed variance
on the public, the burden that compliance imposes on the Owner or
Operator, and whether the Owner or Operator has in place a maintenance
plan that promotes boiler safety.
(c) Variance applications shall be submitted by the
owner/operator of the boiler, and shall be accompanied by the applicable
fee and any supporting documentation such as boiler design plans,
photos and code references.
(d) A denial of a variance application may be appealed
to the director of compliance, or designee, in writing within thirty
(30) calendar days from issuance, upon payment of the applicable appeal
fee. Supporting documentation such as boiler design plans, photos
and code references not previously reviewed may be submitted for consideration.
(e) A denial of a variance appeal from the director
of compliance may be appealed to the executive director of the department,
or designee, in writing within thirty (30) calendar days of notification
of the director of compliance's decision. Supporting documentation
such as boiler design plans, photos and code references not previously
reviewed may be submitted for consideration.
(f) When a variance or variance appeal determination
has been made, the owner or operator making the submission shall be
advised in writing of the determination.
(g) A denial of a variance appeal from the executive
director of the department, or designee, must be submitted in writing
within thirty (30) calendar days from receipt of the appeal.
(h) An approved variance must be posted next to the
certificate of operation of the boiler for which it is issued, in
accordance with §65.12.
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