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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 65BOILERS
SUBCHAPTER NRESPONSIBILITIES OF THE OWNER AND OPERATOR
RULE §65.217Variance

(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.


Source Note: The provisions of this §65.217 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75

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