NAC455C.116. Procedure to obtain exemption for certain conditions or practices; grant of certain exemptions by Chief.

     1. An owner of a boiler or pressure vessel who wishes to obtain an exemption from a requirement set forth in NAC 455C.020 to 455C.300, inclusive, for a condition or practice that is not consistent with the requirement must submit an application for an exemption to the Enforcement Section on a form prescribed by the Enforcement Section.

     2. If a condition or practice for which the person requests an exemption does not affect the safe operation of a boiler, pressure vessel or related system, an inspector may approve the exemption from the requirement if:

     (a) Such an exemption is necessary to allow the operation of the boiler or pressure vessel; and

     (b) Compliance with the requirement is not practicable.

     3. If an inspector approves the exemption:

     (a) The approval must be noted on the application for an exemption; and

     (b) The application for an exemption must be reviewed by a person designated by the Chief within 5 working days after the exemption is approved by the inspector.

     4. If the person designated by the Chief grants the exemption, the person shall:

     (a) Note that he or she has granted the exemption on the application for an exemption; and

     (b) Forward the application for an exemption to the Chief within 15 days after granting the exemption.

     5. If the person designated by the Chief denies the exemption and the person requesting the exemption contests the denial, the person designated by the Chief shall have the boiler or pressure vessel jointly inspected by any combination of two inspectors or special inspectors. Each inspector or special inspector shall prepare and submit a report of inspection to the person designated by the Chief. The person designated by the Chief shall reconsider the application for exemption and render a final decision based on the information contained in the reports of inspection submitted by the inspectors or special inspectors pursuant to this section.

     6. In addition to an exemption that may be granted pursuant to subsections 1 to 5, inclusive, the Chief may grant an exemption from a requirement set forth in NAC 455C.020 to 455C.300, inclusive, for a boiler or pressure vessel in the case of an emergency or if the Chief determines that such an exemption is in the best interests of the general public. If the Chief grants an exemption pursuant to this subsection, he or she shall notify the Administrator of the exemption. If the exemption is granted because the Chief determined that the exemption is in the best interests of the general public, the notice to the Administrator must be in writing.

     (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)