SECTION 380:25-3-28. Variation

(a)   Any person who believes the requirements promulgated by the Commissioner in this Chapter are unreasonable or impose an undue burden upon the owner or user, may request a variation. The request for variation shall be in writing and shall specify how equivalent safety is to be maintained. The Chief Boiler Inspector or Deputy Inspector may be required to investigate and or inspect and render a report to the Commissioner who may grant such variation from the terms of any requirement of this Chapter provided such special conditions as may be specified are maintained in order to provide equivalent safety.

(b)   When there is reason to believe, or upon receipt of a complaint that a variation does not provide freedom from danger equivalent to the published requirements of this Chapter, the Commissioner, after notice to the owner or user and complainant after such hearing and investigation as it may direct, may continue in force, suspend, revoke, or modify the conditions specified in any variation. No declaration, act or omission of the Commissioner, or of the Chief Boiler Inspector, Deputy Inspector or Special Inspectors other than a written order authorizing a variation as permitted above, shall be deemed to exempt, either wholly or in part, expressly or implied, any owner or user from full compliance with the terms of any rule or regulation.