Authorization to grant exceptions from Oregon Elevator Specialty Code requirements based on hardship or practical difficulty is in ORS 460.085.

1. (1) A written request for exception shall:

   1. (a) Identify the code requirement from which an exception is requested;
   2. (b) Identify the specific installation for which the exception is sought and the intended effect if granted;
   3. (c) State any additional reasons for the request; and
   4. (d) Show how elevator safety is still preserved with the change requested.
2. (2) Exceptions under ORS 460.085 shall be granted only for a specific installation after receiving technical and safety advice from the board. Denials shall not be taken to the board unless appealed under 460.155.
3. (3) Financial hardship alone shall not support an exception.
4. (4) Interpretation. An exception under ORS 460.085 is different from an alternate method approval. An exception is a one-time waiver of a code requirement that includes, but is not limited to, design, standard or safety requirement. An alternate method complies with the performance standards of the code but not necessarily with its prescriptive requirement.
5. (5) Exceptions are issued on condition that the facts and circumstances that provided reasonable safety remain unchanged. Changed facts and circumstances may cause withdrawal of the exception as provided in OAR 918-400-0770.

Statutory/Other Authority

ORS 460.085

Statutes/Other Implemented

ORS 460.085

History

BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0300
BCD 18-1995, f. & cert. ef. 12-15-95