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Title 8 . Labor and Workforce Development
Chapter 78 . Boiler and Pressure Vessel Construction Code
Section 330. Variances

8 AAC 78.330. Variances

(a) The owner or operator of a tramway who desires a variance from a safety standard adopted in or under AS 05.20 may file a written request for variance with the director of the department's division of labor standards and safety.

(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 tramway is located;

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

(4) an explanation of why the applicant is unable to comply with that standard or portion of it;

(5) a description of the alternative measures that the applicant has taken or will take, with specific dates, to adequately safeguard persons from the hazards covered by the standard; and

(6) a statement of the effect a grant of a variance will have on the safety of persons in or around the tramway.

(c) After the director's review of the variance request and the tramway inspector's final recommendations, the director will make a final determination on the variance request. A variance will be granted only if the applicant has demonstrated that he or she will provide safety protection equal to or better than the standard from which the variance is sought.

(d) The department's denial of a variance from a safety standard may be appealed to the commissioner in the manner set out in 8 AAC 78.340.

History: Eff. 11/30/89, Register 112

Authority: AS 05.20.070

AS 05.20.080

Editor's note: The address for the division of labor standards and safety is: Department of Labor and Workforce Development, division of labor standards & safety, P.O. Box 020630, Juneau, Alaska 99802.

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.

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Last modified 7/05/2006