Or. Admin. R. 918-400-0760 - Exceptions from Code Requirements Under ORS 460.085
Authorization to grant exceptions from Oregon Elevator Specialty Code requirements based on hardship or practical difficulty is in ORS 460.085.
(1) A written request for exception shall:
(a) Identify the code requirement from which
an exception is requested;
(b)
Identify the specific installation for which the exception is sought and the
intended effect if granted;
(c)
State any additional reasons for the request; and
(d) Show how elevator safety is still
preserved with the change requested.
(2) Exceptions under ORS
460.085 shall be granted only
for a specific installation after receiving technical and safety advice from
the board. Denials shall not be taken to the board unless appealed under ORS
460.155.
(3) Financial hardship alone shall not
support an exception.
(4)
Interpretation. An exception under ORS
460.085 is different from an
alternate method approval. An exception is a one-time waiver of a code
requirement that includes, but is not limited to, design, standard or safety
requirement. An alternate method complies with the performance standards of the
code but not necessarily with its prescriptive requirement.
(5) Exceptions are issued on condition that
the facts and circumstances that provided reasonable safety remain unchanged.
Changed facts and circumstances may cause withdrawal of the exception as
provided in OAR 918-400-0770.
Notes
Stat. Auth.: ORS 460.085
Stats. Implemented: ORS 460.085
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