81-5,217. Rules and regulations; State Fire Marshal; variance authorized; appeal.
(1) The State Fire Marshal shall adopt and promulgate rules and regulations which establish the regulations for conveyances under the Conveyance Safety Act. The rules and regulations may include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineers A17.1 except those parts exempted under section 81-5,216; the standards for conveyors and related equipment, American Society of Mechanical Engineers B20.1; and the Automated People Mover Standards, American Society of Civil Engineers 21. The State Fire Marshal shall annually review to determine if the most current form of such standards should be adopted.
(2) The State Fire Marshal may grant a variance from the rules and regulations adopted in subsection (1) of this section in individual situations upon good cause shown if the safety of those riding or using the conveyance is not compromised by the variance. The State Fire Marshal shall adopt and promulgate rules and regulations for the procedure to obtain a variance. The committee shall make recommendations to the State Fire Marshal regarding each variance requested. The decision of the State Fire Marshal in granting or refusing to grant a variance may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
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