LEGAL NOTICE
Notice of Variance

Pursuant to section 397-4(a)(5), Hawaii Revised Statutes, and Section 12-229-14, Hawaii Administrative Rules (HAR), notice is hereby given of a final action granting an application for a variance by the County of Hawaii, Parks & Recreation, Dr. Francis F.W. Wong Memorial Stadium, Hilo, Hawaii 96720 (Petitioner). The Petitioner has filed an application dated July 10, 2006 for a variance from the Hawaii Occupational Safety & Health Division, Elevator Safety Standard, Section 12-237-7(c), HAR.

The Petitioner proposes to install an incline wheelchair lift on the ground walk path between the stadium mid-level to the upper level to meet the requirements of the Americans with Disabilities Act for wheelchair accessibility. In this instance the wheelchair lift is intended to transport a disabled person over an inclined path.

Section 12-237-7(c), HAR, requires that the travel of an incline wheelchair lift be limited to 35 feet measured on the incline. The travel from mid-level to upper level is 60 feet measured on the incline.

The Petitioner has requested a variance from Section 12-237-7(c), HAR, for an increase beyond 35 feet of travel to 60 feet. The Director has determined that the Petitioner\u2019s application demonstrates that the proposed incline lift will provide a substantially equivalent level of safety as that provided by the Standard. Hence a permanent variance is granted to the Petitioner for the installation of an incline lift with a travel of 60 feet at Dr. Francis F.W. Wong Memorial Stadium mid-level to upper level, subject to the Petitioner’s compliance with the following conditions:

1. The incline wheelchair lift shall be used strictly by persons with disabilities.
2. The rated speed shall not exceed 40 feet per minute measured along the incline.
3. The rated load shall not exceed 450 pounds.
4. The lift shall not be installed on an incline of greater than 45° as measured on the mean.
5. The inspection frequency shall be increased to every six months and be performed by the Hawaii Occupational Safety and Health Division, Boiler and Elevator Inspection Branch.
6. The Parks & Recreation shall provide trained staff to remove the lift from a secured storage for each use, set up the lift, and continuously supervise each use. Upon completion of each use, the trained staff member shall restore the lift in its secured storage.

These conditions shall permit the Petitioner to maintain a substantially equivalent level of safety for the use of an incline lift with a travel of 117 feet as that provided in Section 12-237-7(c), HAR.

This Variance permit is valid for two years from the date of this notice. The project shall be completed within this period for the variance to be valid.

Dated: December 15, 2006

Colleen Y. McClair
for Nelson B. Befitel, Director
Department of Labor and Industrial Relations
(SB03510314 12/15/06)