Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 10 - BOILER AND PRESSURE VESSEL › Chapter 220 - GENERAL, ADMINISTRATIVE, AND LEGAL PROVISIONS › Section 12-220-33.1 - Variances

Current through June, 2024
(a) In cases of practical difficulties, undue
				  hardships, or new developments, an owner, user, contractor, or vendor may apply
				  for a variance from any safety standard under this part. The application must
				  be in writing and may be hand delivered or mailed to the director, or sent by
				  electronic mail to dlir.hiosh.boiler@hawaii.gov, clearly stating the standard
				  from which a variance is sought, the conditions, means, practices, methods,
				  operations, or processes proposed together with drawings, specifications, and
				  other supporting data. The director may issue an order for 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 consider an application for variance on a subject or
				  issue for which a citation has been issued to the owner or user and a
				  proceeding on the proposed citation, or period of abatement, is
				  pending.
(c) Before granting the
				  variance, the director shall post a notice on the division's homepage notifying
				  all potentially affected parties of the director's intent to grant the
				  variance. The notice shall provide a period of thirty (30) calendar days to
				  object to the granting of the variance, after which time the variance shall
				  become final if no objections are filed and no hearing is requested.
(d) Any party objecting to the granting of
				  the variance must notify the director in writing within thirty (30) days of the
				  online posting, stating the reasons why the variance should not be granted and
				  the resultant specific impact on safety. The objecting party's reasons for
				  objection may also be based on grounds other than impact on public safety,
				  including the feasibility of compliance or lack of undue hardship to the
				  petitioner.
(e) The hearing
				  requested by the objecting party shall be held--before the director or the
				  director's authorized agent no later than forty-five (45) days after the
				  thirty-day (30) period online posting of the public notice. It shall be held 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 (14) 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 the party's evidence;
(3) The director shall provide a written
				  order 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, the director shall post
				  notice on the division's homepage notifying all potentially affected parties of
				  the director's determination.