Okla. Admin. Code § 380:70-3-3

Current through Vol. 42, No. 4, November 1, 2024

Section 380:70-3-3 - Variances

(a) Any owner or user who believes that under his or her particular circumstances the rules and regulations promulgated by the Commissioner are unnecessary or impose an undue burden may request a variance from the applicable rule or regulation. The variance request shall be in writing and shall specify how safety equivalence is to be maintained in accordance with the provisions of this Chapter. The Commissioner may grant the variance, provided that the safety of employees or general public is not adversely affected. Any variance request on a new elevator installation must be submitted by the elevator contractor performing the installation. At the Department's discretion, the elevator owner may be requested to state, in writing, his concurrence with the requested variance.

(b) When there is reason to believe, or upon receipt of a complaint, that a variance does not provide the safety equivalence to the provisions of this Act, the Commissioner, after notice to the owner or user and complainant, may continue, suspend, revoke, or modify the conditions specified in any variance.

(c) No statement, act, or omission of the Commissioner of Labor, the Chief Elevator Inspector, Deputy Inspector or Special Inspector, other than a written variance described above, shall exempt any owner or user from full compliance with the terms of any law of the State of Oklahoma or rule of the Elevator Safety Act.

Okla. Admin. Code § 380:70-3-3

Added at 24 Ok Reg 29, eff 11-1-06 (emergency); Added at 24 Ok Reg 2231, eff 6-25-07