Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 229 - GENERAL, ADMINISTRATIVE, AND LEGAL PROVISIONS › Section 12-229-16.1 - Variances

Current through June, 2024
(a) In cases of practical difficulties, undue
				  hardships, or new developments, an owner may apply for a variance from any
				  elevator safety standard. The application must be in writing, clearly stating
				  the standard from which a variance is sought, the conditions, means, practices,
				  methods, operations, or processes proposed to be used, together with drawings,
				  specifications, and other supporting data. The director may issue an order for
				  a variance if what is proposed will provide a substantially equivalent level of
				  safety to that provided by the standard.
(b) All variances granted pursuant to this
				  chapter shall have only a future effect. The director may decline to entertain
				  an application for variance on a subject or issue for which a discrepancy
				  letter or citation has been issued to the owner or contractor involved and the
				  discrepancy or violation has not yet been satisfactorily corrected or
				  resolved.
(c) Before granting the
				  variance, the director shall publish a notice in a paper of general circulation
				  or post notice on the department's website notifying all potentially affected
				  parties of the director's intent to grant the variance. The notice shall
				  provide a period of thirty calendar days to object to the granting of the
				  variance, after which time the variance shall become final if no objections are
				  filed or a hearing is requested. The cost of the publication shall be borne by
				  the petitioning party. Every notice shall specify the alternative to the safety
				  standard being considered.
(d) Any
				  party objecting to the granting of the variance must notify the director in
				  writing within the thirty-day period, stating the reasons why the variance
				  should not be granted and the resultant specific impact on public safety. The
				  objecting party's reasons for objection may also be based on grounds other than
				  impact on public safety such as feasibility of compliance or lack of undue
				  hardship to the petitioner. The objecting party may also elect to provide the
				  reasons for the objection at a hearing.
(e) The hearing requested by the objecting
				  party shall be held no later than forty-five days after the thirty-day period
				  stated in the public notice as follows:
(1)
				  The objecting party or parties and the variance applicant shall be provided
				  notice of the date, time, and place of the hearing at least fourteen calendar
				  days before the scheduled hearing;
(2) Each party shall be prepared to provide
				  evidence supporting the party's case, including a brief oral statement
				  summarizing such evidence;
(3) The
				  director shall provide a written determination to all parties;
(4) If the director determines that the
				  evidence does not support denial of the variance request, no further notice is
				  required; and
(5) If the director
				  determines that the evidence supports a denial of the variance request, a
				  notice shall be published in a newspaper of general circulation stating the
				  reasons why the variance is not granted.