LEGAL NOTICE
Notice of Variance

Pursuant to section 397-4(a)(5), Hawaii Revised Statutes, notice is hereby given of an application for a variance by J. Kadowaki, Inc., 518 Ahui Street, Honolulu, Hawaii 96813, on behalf of Nordstrom, a department store located at 1450 Ala Moana Boulevard #2950, Honolulu, Hawaii 96814.  J. Kadowaki, Inc. has applied for a variance from ASME 17.1, 1996 Edition, rule 802.12.  The rule requires a minimum head room clearance of 84 inches measured vertically from the escalator’s step noseline, landing places, and landings.  J. Kadowaki, Inc. is requesting a variance to allow an 83-inch head room clearance based on undue hardship to otherwise remedy the situation. 
Under the International Building Code (IBC) 2006, J. Kadowaki, Inc. was required to install a minimum height draft curtain of 18 inches to protect escalator openings from open shaft conditions in buildings of more than two stories.  Meeting this IBC requirement subsequently makes it difficult to comply with the ASME Code because compliance would necessitate tearing down the entire ceiling for architectural alignment. 
For reference, IBC 2006, section 1003, General Means of Egress, provides requirements for minimum head room clearance along egress routes and exerts more stringent control over areas of concern such as ingress and egress.  Section 1003.3.1 specifies that protruding objects may extend below the minimum ceiling height required by section 1003.2, provided a minimum head room clearance of 80 inches is provided for any walking surface, including walks, corridors, aisles and passageways.  In addition, IBC 2006, section 1009.2, Headroom (Stairways), requires a minimum head room clearance of 80 inches measured vertically from a line connecting the edge of the stairway noseline.  This method of measurement is similar to that prescribed by ASME 17.1, rule 802.12.
The State of Hawaii, Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division, Boiler and Elevator Inspection Branch agrees that the 83-inch head room clearance will provide a substantially equivalent level of public safety because it exceeds by three inches the IBC 2006 requirements for stairway head room clearance.
Any party objecting to the granting of the variance must notify the Director of the Department of Labor and Industrial Relations at 830 Punchbowl Street, Honolulu, Hawaii 96813.  Written comments must be submitted within 30 calendar days with reasons for not granting a variance and the resultant specific impact to public safety, and/or the need for public hearing, in conformance with section 12-229-16.1, Hawaii Administrative Rules.  The reasons for objection may also be based on grounds other than impact to public safety such as feasibility of compliance or lack of undue hardship to the petitioner.  The objecting party may also elect to provide the reasons for objection at a hearing.
If no adverse comments or requests for a hearing are received by April 17, 2016, the variance will be granted and this notice shall serve as a notice of the granting of the variance.

Dated: March 17, 2016


Linda Chu Takayama, Director
Department of Labor and Industrial Relations

(SA855442   3/17/16)~