1. 1. Any owner of any facility may apply to the Director for a variance, either temporary or permanent, from any rule or regulation under this article.

2. 2. Such variance shall be granted at the discretion of the Director if the owner establishes by sufficient evidence that:

   1. A. Professional or technical personnel or data or of materials, design or equipment are unavailable; and
   2. B. Alternative steps are being taken to safeguard against the hazard covered by the rule or regulation.

3. 3. A variance application shall include:

   1. A. The name and address of the petitioner;
   2. B. Identifying information concerning the facility for which the variance is sought;
   3. C. A specification of the standard or portion thereof from which the petitioner seeks a variance;
   4. D. A representation by the petitioner, supported by statements from qualified persons having first-hand knowledge of the facts represented, that he is unable to comply with the standards or portion thereof and detailed statement of the reasons thereof;
   5. E. A statement of the steps the petitioner has taken or will take, with specific dates where appropriate, to protect against the hazard addressed by the standard; and,
   6. F. Where a temporary variance is sought, a statement of the time required to achieve compliance with the standard, not to exceed two (2) years.

HISTORY: Added by State Register Volume 10, Issue No. 6, dated June 27, 1986, eff July 1, 1986. Amended by State Register Volume 11, Issue No. 6, eff June 26, 1987; State Register Volume 12, Issue No. 5, eff May 27, 1988; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; SCSR 49-5 Doc. No. 5353, eff May 23, 2025.