Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Bureau of Construction Codes
Elevator Safety Board
Michigan Elevator Rules
Chapter 1 - GENERAL PROVISIONS
Section R. 408.7023a - Variance requests

(1) A person, firm, or corporation upon application in specific cases, may request a variation of the requirements of the rules when it is clearly evident that exceptions or variations are necessary to prevent undue hardship or when existing conditions prevent compliance with the requirements of the act and these rules. The request must be on a form prescribed by the department. A person, firm, or corporation shall specify on the form the reasons for the variance and the relief sought. The form must be submitted to the department for review.

(2) A $100.00 nonrefundable fee must be paid to the department at the time the variance request is filed. Checks, money orders, e-checks, cashier's checks, or credit card charges must be made payable to the "State of Michigan".

(3) The department may submit the variance request to the board for its action. The department shall set a time for reviewing a request submitted to the board and provide written notice to the appellant at least 10 days before the date set for the review.

(4) A request for an adjournment must be filed in writing by the appellant at least 5 days before the date set for the review. The department or the board may, for good cause, grant an adjournment.

(5) If the appellant fails to appear at the time set for the variance request, the action may continue and the board may decide the request in the absence of the appellant. The request may be approved, denied, modified, or set aside. The department shall notify the appellant in writing of the decision.