Section R20-5-429. Variance

A.      Any owner or user may apply to the Director for a variance from the requirements of this Article, upon demonstrating the construction, installation, and operation of the boiler or pres- sure vessel will maintain the same level of safety as prescribed by this Chapter. The Director shall issue a variance if the Director determines that the proponent of the variance has demonstrated the construction, installation, and operation of the boiler or pressure vessel will maintain the same level of safety as prescribed by this Chapter. The variance issued shall prescribe the construction, installation, operation, mainte- nance, and repair conditions that the owner or user shall main- tain.

B.       A variance may be modified or revoked upon application by an owner, user or the Director, on the Director’s own motion at any time after six months from issuance if the owner or user

has not complied with the variance or if the variance does not protect the health and safety of employees or general public.

C.      The application for a variance shall be made on the form issued by the Division and contains the following information:

1.        Owner or user’s name and company name;

2.        Mailing address;

3.        Telephone number;

4.        Fax number;

5.        Contact person;

6.        Contact person’s telephone number;

7.        Address or location of proposed variance;

8.        Type of facility to include;

a.        Variance description;

b.        Justification for variance;

c.        Component or system involved;

d.        Supporting documentation for variance;

e.        Identify the statute, rule, code or standard to justify the variance; and

9.        Printed name and title of owner or user, signature of owner or user and date.

D.      If an owner or user does not agree with the variance issued or revoked by the Director, a request for a hearing under A.R.S. § 23-479 can be made with the Commission.

Historical Note

New Section made by final rulemaking at 15 A.A.R.

1496, effective August 18, 2009 (Supp. 09-3).