8 AAC 77.085. Variances

(a) The owner of an elevator desiring a variance from a safety standard adopted in or under AS 18.60.800 may file a written request for a variance with the director.

(b) A request filed under (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place where the apparatus is located;

(3) specification of the standard or portion of it from which the applicant seeks a variance;

(4) a statement of facts showing that the applicant is unable to comply with the standard, the alternate steps that the applicant proposes to take in order to substantially comply with the standard, and a statement setting out the steps the applicant has taken to abate the hazards covered by the standard; and

(5) a statement addressing the effect that a grant of a variance will have on the physical safety of persons in or around the elevator;

(6) repealed 12/17/99.

(c) After review of the request and the inspector's final recommendations, the director may approve or deny an application for a variance from a safety standard.

(d) The department denial of a variance from a safety standard may be appealed to the commissioner in the manner set out in 8 AAC 77.130.

History: Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152

Authority: AS 18.60.800

Editor's note: The address for filing requests for variances as described in 8 AAC 77.085 is the Division of Labor Standards and Safety, Department of Labor and Workforce Development, P.O. Box 21149, Juneau, AK 99802-1149, phone (907) 465-4855, fax (907) 465-3584.

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