Section 387.90. Petition for variance.

 

(1)   Procedure. Under ch. SPS 303 , the department shall consider and may grant a variance to an administrative rule upon receipt of a fee, a completed petition for variance form from the owner, and a completed municipal recommendation from the participating governmental unit having responsibility and an interest in the rule, provided an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. The department may impose specific conditions in granting a variance to promote the protection of the health, safety or welfare of employees or the public. Violation of those conditions under which the variance is granted constitutes a violation of these rules.

(2)   Petition processing time. Except for priority petitions, the department shall review and make a determination on a petition for variance within 30 business days of receipt of all calculations, documents and fees required to complete the review. The department shall process priority petitions within 10 business days.

Cr. Register, December, 1998, No. 516 , eff. 2-1-99; CR 04-068 : am. (1) and (2) Register January 2005 No. 589 , eff. 2-1-05; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Form SBD-9890-X is available on request at no charge from the department at the Division of Industry Services, P.O. Box 8935, Madison WI 53708-8935, telephone [phone], or at the Department web site at http://www.drl.wisconsin.gov/Plan-Review/Petition-Variance/Petition-for-Variance-Forms . Microsoft Windows NT 6.1.7601 Service Pack 1