South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 4 - AMUSEMENT RIDES SAFETY CODE
Section 71-4920 - Procedure for Applications for Variance

Universal Citation: SC Code Regs 71-4920

Current through Register Vol. 48, No. 9, September 27, 2024

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.

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