7 Colo. Code Regs. § 1101-9-10-2

Current through Register Vol. 47, No. 20, October 25, 2024

Section 7 CCR 1101-9-10-2 - Emergency Variances from Requirements

(A) The Division may approve construction, equipment, and methods of operation other than as specified in this part, where it is found that an emergency exists and the proposed variations from the specified requirements are necessary and the proposed variations:

(1) Will afford security and protection that are substantially equivalent to those prescribed in these regulations;

(2) Will not hinder the effective administration of these regulations; and

(3) Will not be contrary to any provisions of law.

(B) Variations from requirements granted under this paragraph are conditioned on compliance with the procedures, conditions and limitations set forth in the approval of the application.

(C) Failure to comply in good faith with the procedures, conditions and limitations shall automatically terminate the authority for the variations and the permittee shall fully comply with the prescribed requirements of regulations from which the variations were authorized.

(D) Authority for any variation may be withdrawn when, in the judgment of the Division, the effective administration of these regulations is hindered by the continuation of the variation.

(E) Where the permittee desires to employ an emergency variation, the permittee shall submit a written application to the Division.

(F) The application shall describe the proposed variation and set forth the reasons for it. Variations may not be employed until the application is approved, except when the emergency requires immediate action to correct a situation that is threatening to life or property. Corrective action may then be taken concurrent with the filing of the application and notification of the Division via telephone.

7 CCR 1101-9-10-2

38 CR 03, February 10, 2015, effective 3/10/2015

41 CR 21, November 10, 2018, effective 12/1/2018

42 CR 06, March 25, 2019, effective 5/1/2019