Ala. Admin. Code r. 480-8-2-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-8-2-.04 - Variance, Exemption And Reconsideration

(1) The Board may grant a variance approving a different solution to compliance with the intent of this code. In considering a request for a variance, the board may take into consideration the impact to the historic character of the conveyance and/or the building. It is the policy of the Board that whenever possible the determination of a variance or exemption request be made by the Elevator Safety Review Board.

(2) In order for a variance or exemption request to be reviewed the owner or designated representative shall submit:

(a) Evidence that 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 to justify the request.

(c) Evidence that strict compliance with the Code would entail practical difficulty, unnecessary hardship or is otherwise found unwarranted.

(d) 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.

(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 30 days after the request is made.

(4) The Board may reconsider an interpretation or decision made pursuant to this Section. To request reconsideration the owner shall submit a written request to the Board 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 to justify 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.

(5) The request for reconsideration shall be submitted no later than 30 days after receiving the variance or exemption determination.

(6) A request for variance, exemption, or reconsideration shall not relieve a person from complying with this Code, permit or occupancy requirements, unless the Board expressly authorizes an extension of compliance period pending review of the request.

Ala. Admin. Code r. 480-8-2-.04

New Rule: Filed June 22, 2004; effective July 27, 2004. Amended: Filed January 9, 2013; effective February 13, 2013.

Author: Andrew Hamilton Smith

Statutory Authority:Code of Ala. 1975, § 25-13-6 (2003).