La. Admin. Code tit. 55 § V-5087

Current through Register Vol. 50, No. 12, December 20, 2024

Section V-5087 - Variations

A. Any person who believes the rules and regulations promulgated by the assistant secretary are unreasonable or impose an undue burden upon the owner or user, may request a variation from such rule or regulation. The request shall be in writing and shall specify how equivalent safety is to be maintained. The assistant secretary, after investigation and such hearing as he may direct, may grant such variation from the terms of any rule or regulation provided such special conditions as may be specified are maintained in order to provide equivalent safety.

B. When there is a reason to believe, or upon receipt of a complaint that a variation does not provide freedom from danger equivalent to the published rule or regulation, the assistant secretary, after notice to the owner or user and complainant after such hearing and investigation as he may direct, may continue to in force, suspend, revoke or modify the conditions specified in any variation. No declaration, act or omission of the assistant secretary, or the chief inspector, deputy inspector or special inspectors other than a written order authorizing a variation as permitted above, shall be deemed to exempt, either wholly or in part, expressly or implied, any owner or user from full compliance with the terms of any rule or regulation.

La. Admin. Code tit. 55, § V-5087

Promulgated by the Department of Public Safety, Office of the State Fire Marshal, LR 33:1369 (July 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:531 and R.S. 51:1424.