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 100.4, Control of Smoke and Hot Gases.  The rule requires that hoistways of elevators extending more than two stories shall be vented directly to outside air, and that the area of vents shall be not less than 3.5 percent of the cross-section area of the elevator shaft, with a minimum of three square feet per elevator.  J. Kadowaki, Inc. is requesting a variance to allow a 3.14 percent cross-section area of the elevator shaft. 
For reference, the International Building Code (IBC) 2006, section 3004.1, Hoistway Venting, Exception #1, states that in occupancies other than Groups R-1, R-2, I-1, I-2 and similar occupancies with overnight sleeping quarters, venting of hoistways is not required where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with IBC 2006, sections 903.1.1 or 903.3.1.2.  J. Kadowaki, Inc. believes it is in compliance with the referenced exemption because there is an existing and approved automatic sprinkler system at Nordstrom, Ala Moana store, which is permitted under IBC 2006 as a Mercantile Group M occupancy that includes department stores, drug stores, markets, motor fuel-dispensing facilities, retail or wholesale stores and sales rooms.
The State of Hawaii, Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division, Boiler and Elevator Inspection Branch agrees that the 3.14 percent of the cross-section area of the elevator shaft as the area of vents will provide a substantially equivalent level of public safety as the building is already equipped throughout with an approved automatic sprinkler system that was installed in accordance with IBC 2006 section 903.1.1 or section 903.3.1.2.
Any party objecting to the granting of the variance must notify the Director at 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

(SA855444   3/17/16)~