Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part I - Department of Labor and Industry
Chapter 3a - BOILER AND UNFIRED PRESSURE VESSEL REGULATIONS
Subchapter C - ADMINISTRATION
Section 3a.100 - Appeals
Universal Citation: 34 PA Code ยง 3a.100
Current through Register Vol. 54, No. 38, September 21, 2024
(a) A person aggrieved by a notice of deficiency or a notice to discontinue operation may appeal the order to the Industrial Board within 30 days of the issuance of the order.
(b) The Industrial Board will decide petitions for variances and extensions of time, and appeals of Department decisions.
(c) The Board may consider the following factors, among others, when reviewing and ruling upon a request for an extension of time or a variance or other appropriate relief:
(1) The reasonableness of the
Department's rules and regulations as applied in the specific case.
(2) The extent to which an extension of time
or a variance will subject occupants to unsafe conditions.
(3) The availability of professional or
technical personnel needed to come into compliance.
(4) The availability of materials and
equipment needed to come into compliance.
(5) The efforts being made to safeguard
occupants against boiler and unfired pressure vessel hazards.
(6) The efforts being made to come into
compliance as quickly as possible.
(7) Compensatory safety features which will
provide an equivalent degree of protection for the occupants.
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