(a) The Board of Building Standards and Building Appeals shall have the power, upon written application by an employer and a hearing as provided by law, to authorize variances from this chapter which will not be contradictory to the public interest or the intent of this chapter, but only where, owing to special conditions pertaining to a specific employer, workplace or work area, the literal enforcement of this chapter would cause undue or unnecessary hardship, or owing to a separately required program of an employer designed to inform or protect workers, an employer is in substantial compliance with this chapter. The Board shall act in accordance with Section 3103.18 of these Codified Ordinances, and may also adopt and promulgate such rules and regulations as are necessary to carry out its duties under this chapter.
(1) A variance for undue or unnecessary hardship shall be preceded by a finding by the Fire Division that the following facts and conditions exist:
A. Exceptional or extraordinary circumstances or conditions apply to the subject employer, workplace or work area. In making a finding on this point, the Fire Division shall consider factors, including but not limited to, extreme temperature, difficulty of access, or lack of a permanent work area or workplace; and
B. The employer has established acceptable alternate methods of providing information about the toxic or hazardous substances involved, such as placards, posting signs in common areas or entry areas, and oral and written communication, which shall be substituted for those requirements that are waived and which will result in substantial compliance with the intent of this chapter.
(2) In considering a variance for a separately required program, the Fire Division shall determine if the following facts and conditions exist:
A. The separately required program will substantially achieve the purposes of this chapter;
B. The labeling used in the program conveys information in a manner substantially equivalent to or better than the labeling requirements of this chapter; and
C. Material Safety Data Sheets which contain substantially the same data as required by this chapter are readily accessible to workers.
(3) In recommending a variance from the literal interpretation and strict application of this chapter, the Fire Division shall impose such requirements and conditions as it may deem essential in order to carry out the intent and purpose of this chapter, and to otherwise safeguard the public health, safety and general welfare.
(b) Variances for undue or unnecessary hardship shall be granted for up to two (2) years from the date of issuance, and may be renewed. Variances granted pursuant to this section for separately required programs shall be reexamined every five (5) years.
(c) When an employer files an application for a variance the employer shall notify its employees and their designated representative(s) of such application by immediately posting a notice of such application. Such posting shall occur in the same manner as provided for in Section 393.05.
(d) If a variance is denied, the employer shall have sixty (60) days to come into compliance with the requirements of this chapter.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)