§15204. Appeals; variances
A person aggrieved by an order or act of the chief inspector or a deputy inspector under this chapter may, within 15 days after notice of the order or act, appeal from the order or act to the director, who shall hold a hearing pursuant to Title 5, chapter 375, subchapter 4. After the hearing, the director shall issue an appropriate order either approving or disapproving the order or act. [PL 2013, c. 70, Pt. D, §7 (AMD).]
Any person who is or will be aggrieved by the application of any law, code or rule relating to the installation or alteration of elevators or tramways may file a petition for a variance, whether compliance with that provision is required at the time of filing or at the time that provision becomes effective. The filing fee for a petition for a variance must be set by the director under section 15225‑A. The chief inspector may grant a variance if, owing to conditions especially affecting the particular building or installation involved, the enforcement of any law, code or rule relating to elevators or tramways would do manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or any occupant of the petitioner's building or would be unreasonable under the circumstances or condition of the property, provided that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of that law, code or rule. In granting a variance under this section, the chief inspector may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with rules made and amended from time to time. A copy of the decision must be sent to all interested parties. [PL 2001, c. 573, Pt. B, §10 (AMD); PL 2001, c. 573, Pt. B, §36 (AFF).]
SECTION HISTORY
PL 1995, c. 560, §H14 (NEW). PL 1995, c. 560, §H17 (AFF). PL 1999, c. 386, §X3 (AMD). PL 2001, c. 573, §B10 (AMD). PL 2001, c. 573, §B36 (AFF). PL 2013, c. 70, Pt. D, §7 (AMD).
Structure Maine Revised Statutes
TITLE 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: ELEVATOR AND TRAMWAY SAFETY
32 §15201. Declaration of policy
32 §15203. Retroactive effect; exception
32 §15205. Board of Elevator and Tramway Safety (REPEALED)
32 §15205-A. Director's powers and duties
32 §15206. Powers and duties of board (REPEALED)
32 §15206-A. Denial or refusal to renew license; disciplinary action
32 §15207. Appointment of state inspectors (REPEALED)
32 §15207-A. Licensure by endorsement
32 §15208. Examination of private elevator and lift inspectors; licenses and renewals
32 §15208-A. Registration of elevator contractors
32 §15209. Examination of private tramway inspectors; licenses
32 §15209-A. Private wire rope inspectors; licenses
32 §15210. Revocation of private tramway or elevator inspector's license
32 §15211. Notice of accidents
32 §15212. Examination of accidents
32 §15213. Elevator or lift mechanics; license; definition
32 §15214. Issuance; qualifications
32 §15215. Inspector endorsement to elevator or lift mechanic's license (REPEALED)
32 §15216. Examination of elevator or lift mechanics; applications; licenses; renewals
32 §15216-A. Application fee (REPEALED)
32 §15216-B. Wire rope inspectors; licenses (REPEALED)
32 §15217. Skiers' and tramway passengers' responsibilities
32 §15218. Duties of skiers and tramway passengers; acts prohibited
32 §15221. Inspection of elevators and tramways
32 §15222. Condemned elevators and tramways not to be operated
32 §15223. Criminal operation of elevator or tramway
32 §15224. Installation of new elevators and tramways; fees
32 §15225. Inspection fees (REPEALED)
32 §15226. Reports by inspectors