Section 1000.70  Variance and Reconsideration

a)         The Board may grant variances to applicable State codes, standards or this Part that are consistent with the intent of the Act.

b)         In order for a variance request to be reviewed, the request shall be submitted in writing by the owner or his/her designated representative and shall include:

1)         Evidence that the proposed or existing conveyance is not in compliance with the code or regulation.

2)         Evidence that strict compliance with the code or regulation would entail practical difficulty or unnecessary hardship or is otherwise found unwarranted.

3)         Evidence that any requested variance does not jeopardize the safety and health of those who would use the conveyance or work on the conveyance and that the methods, means, or practices proposed provide equal protection of the public's safety and health.

4)         A processing fee of $200.

c)         The Board's determination on the variance request shall be made in writing to the party making the request and shall advise the party of the reconsideration process contained in subsection (d).  This determination shall be made no later than 30 days after the Board meeting at which the variance request is heard.

d)         The Board may reconsider a determination made pursuant to this Section.  To request reconsideration, the owner or his/her designee shall submit a written request to the Board including:

1)         Information in addition to that provided under subsection (b) that may assist the Board in its reconsideration.

2)         Evidence that this Part or a code or regulation has been incorrectly interpreted, the provisions of the code or regulation do not fully apply, or the decision is unreasonable or arbitrary as it applies to alternatives or new materials.

e)         The request for reconsideration shall be submitted no later than 30 days after receiving the variance determination. A request for variance or reconsideration shall not relieve a person from complying with the Act or this Part during the pending review.