1. (a) Generally.

   1. (1) Arkansas Code § 20-24-106(d) authorizes the Elevator Safety Board in any particular case to grant exceptions and variances which shall only be granted where it is clearly evident that they are necessary in order to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of this part.
   2. (2) In no case shall any exception or variation be granted unless, in the opinion of the board, reasonable safety will be secured thereby.

2. (b) Application and approval.

   1. (1)

      1. (A) An application for a variance shall be complete and shall be submitted by the owner or a licensed elevator contractor on behalf of the owner to the Elevator Safety Section on a form approved by the Elevator Safety Section.
      2. (B) The application shall be accompanied by the following:

3. (i) Detailed plans and specifications as required by 20 CAR § 881-111 or 20 CAR § 881-112;

   1. (ii) A fee of one hundred dollars ($100); and

      1. (iii) Citation to the specific standard or standards from which a variance is sought.
   2. (2) Failure to submit the items required by subdivision (b)(1) of this section shall result in summary dismissal of the variance request or application.

   3. (3)

      1. (A) The Elevator Safety Section shall review the application for variance and its attachments.
      2. (B) The Elevator Safety Section may conduct an on-site inspection.
      3. (C) The Elevator Safety Section shall prepare a staff report and recommendation which shall include a copy of any inspection report and copies or citations to any applicable ASME code standards.

   4. (4)

      1. (A) The Elevator Safety Section shall notify the applicant for the variance of the date, time, and place of the hearing before the board on the application for a variance.
      2. (B) Such notice shall include a copy of the staff report and recommendation.

   5. (5)

      1. (A) After hearing, the board shall grant or deny the variance.
      2. (B) The board may grant a variance conditioned upon the provision of alternate means of providing for public safety or may grant a variance for a limited time only.

   6. (6)

      1. (A) If the board grants a variance, an order shall be issued by the board.

      2. (B) Such an order shall reflect the following:

         1. (i) The name of the petitioner;
         2. (ii) The state number, or AS number, assigned by the Department of Labor and Licensing if it is an existing conveyance;
         3. (iii) The type of equipment for which it is issued;
         4. (iv) The owner or lessee on whose behalf the variance is sought;
         5. (v) The location of the elevator, escalator, dumbwaiter or other conveyance; and
         6. (vi) Any conditions imposed by the board.
         7. (c) The owner or lessee shall maintain the variance order at the location of the conveyance and make it accessible to any licensed elevator inspector.
         8. (d) Specific petitions.
   7. (1) The board will not grant a variance to permit the operation of an elevator for use by individuals with physical disabilities or any other use except in compliance with the provisions of Part V, Limited-Use/Limited-Application Elevators, ASME A17.1, 2004 and 2005 Supplement and 2005 Addenda or A18.1, 2005.
   8. (2) The board will not grant a variance to permit the operation of a residential elevator in a nonresidential application.

   9. (3)

      1. (A) The board recognizes that installation of a conveyance is expensive.
      2. (B) Therefore, cost-savings alone is not evidence of an undue hardship.

Codification Notes: “ASME” means the American Society of Mechanical Engineers.