S.C. Code Regs. 71-4920 - Procedure for Applications for Variance

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

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

A. He is unable to comply with a rule or regulation because of unavailability of professional or technical personnel or data or of materials and equipment needed to come into compliance with the rule or regulation; and

B. He is taking effective alternative steps to safeguard the public against the hazard covered by the rule or regulation.

3. A variance application shall include:

A. The name and address of the petitioner;

B. Identifying information concerning the amusement device for which the variance is sought;

C. A specification of the standard or portion thereof from which the petitioner seeks a variance;

D. A representative by the petitioner, supported by representations 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;

E. A statement of the steps the petitioner has taken or will take, with specific dates where appropriate, to protect the public against the hazard covered by the standard; and,

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.

Notes

S.C. Code Regs. 71-4920

Added by State Register Volume 11, Issue No. 6, effective June 26, 1987. Amended by State Register Volume 12, Issue No. 5, effective May 27, 1988; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993.