(a)

1. (1)

   1. (A) The Director of the Division of Labor in any particular case may 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 the rules.
   2. (B) In no case shall any exception or variation be granted unless, in the opinion of the director or any officer of the Division of Labor designated by the director, reasonable safety will be secured thereby.

2. (2)

   1. (A) An application for a variance shall be submitted by the owner or lessee to the division on a form supplied by and approved by the division.
   2. (B) The application shall include an application for variance with plans and specifications for the variance.

3. (3)

   1. (A) The division shall review the application for variance and its attachments.
   2. (B) The division shall conduct an on-site inspection of any amusement ride or attraction in existence.
   3. (C) The division shall prepare a staff report and recommendation which shall include a copy of any inspection report and copies or citations to any applicable adopted standards.

4. (4)

   1. (A) The director or any officer of the division designated by the director shall review:

(i) The application;

1. (ii) The staff report;

   1. (iii) The recommendation; and

      1. (iv) Any other relevant documents.
   2. (B) Based upon review of these documents, the director or any officer of the division designated by the director shall grant or deny the variance.
2. (5) If a variance is denied upon initial review, the applicant may request a hearing before the director or any officer of the division designated by the director.

3. (6)

   1. (A) If a hearing is requested, the division shall notify the applicant for the variance of the date, time, and place of the hearing before the director or any officer of the division designated by the director.
   2. (B) Such notice shall include a copy of the division’s staff report and recommendation.

4. (7)

   1. (A) After the hearing, the director or any officer of the division designated by the director shall grant or deny the variance.
   2. (B) The director or any officer of the division designated by the director may grant a variance conditioned upon the provision of alternate means of providing for public safety.

(b)

1. (1) If the director or any officer of the division designated by the director grants a variance, the division shall issue a variance certificate.

2. (2) Such a certificate shall reflect on its face the following:

   1. (A) The owner, operator, or lessee to whom the variance is granted;
   2. (B) The type of equipment for which it is issued; and

   3. (C) Any conditions imposed by the director or any officer of the division designated by the director.

      1. (c) The owner or lessee shall maintain the variance certificate at the location of the amusement ride or attraction and make it accessible to any division inspector.