Wash. Admin. Code § 246-358-040 - Variance and procedure
(1)
Conditions may exist in operations that a state standard will not have
practical use. The operator may request a variance. The director of the
department of labor and industries may issue a variance from the requirements
of the standard when another means of providing equal protection is provided.
The substitute means must provide equal protection in accordance with the requirements of chapters 49.17 RCW and 296-900 WAC, administrative rules.
(2)A
temporary variance may be requested under chapter 296-900 WAC, administrative
rules, when an operator cannot comply with new requirements by the effective
date(s) in this chapter because:
(a)The
construction or alteration to a building cannot be completed in time;
(b)Materials or equipment are not available;
or
(c)Professional or technical
assistance is not available.
(3)Applications for variances will be
reviewed and may be investigated by the department of labor and industries and
the department of health. Variances granted will be limited to the specific
case or cases covered in the application and may be revoked for cause. The
variance must remain prominently posted on the premises while in
effect.
(4)Requests for variances
from safety and health standards shall be made in writing to the director or
the assistant director, Department of Labor and Industries, P.O. Box 44625,
Olympia, Washington 98504-4625.
(5)
Variance application forms may be obtained upon request from the department of
labor and industries or the department of health.
Notes
Statutory Authority: RCW 70.114A.065 and 70.114A.110. 00-06-082, § 246-358-040, filed 3/1/00, effective 3/1/00.
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