Background The Safety Codes Act, regulations, and codes and standards enabled under the Act are intended to administer safety to persons and property. issued under the Act are intended as a means to authorize installations, processes, equipment, or actions not consistent with the strict provisions of existing rules, but which provides an equal or greater level of safety to persons and property than that prescribed pursuant to the Act. Policy 1. Where a code, standard or regulation has a specific requirement; any variation with special permission, acceptable to the authority having jurisdiction, or in respect to acceptance of an equivalent or an alternative solution, shall be considered a variance under the Safety Codes Act. 2. A variance is not intended as a process for the approval of new or untested products or equipment. 3. A decision or interpretation made in relation to a code, standard, or regulation is not deemed to be a variance. 4. A Technical Administrator or a safety codes officer may issue a written variance with respect to any thing, process, or activity to which the Safety Codes Act applies if the Technical Administrator or the safety codes officer is of the opinion that the variance provides equal or greater safety performance with respect to persons and property as that provided for by the Safety Codes Act. 5. A safety codes officer may only issue a variance that is site specific and within the confine of the scopes of the: a. safety codes officer s certification; b. accreditation order and conditions of the organization s Quality Management Plan; c. Designation of Powers authority; and d. the safety codes officer s terms of employment. Page 1 of 8
6. may only be issued by a safety codes officer in the following disciplines: a. Amusement Rides; b. Building; c. Electrical; d. Elevators; e. Fire; f. Gas; g. Passenger Ropeways; and h. Plumbing. 7. Prohibitions: The following persons do not have the authority to issue a variance: a. a Permit Issuer in any discipline; b. a probationary safety codes officer in any discipline; c. a Pressure Equipment safety codes officer; or d. a Basic Fire safety codes officer. 8. Only a Technical Administrator may issue a variance in respect to: a. the Pressure Equipment discipline; b. a product, equipment, or distance measurement in the Gas discipline; or c. a product, equipment, or distance measurement in the Plumbing discipline. 9. Only a Technical Administrator may issue a Province-wide variance. 10. A variance may include terms and conditions. Page 2 of 8
11. A specific variance request shall be made on the Application for a Variance form. This includes not less than the following: a. the name and address of the owner; b. a description of the project to which the variance will apply; c. identification of the site/location to which the variance will apply; d. explanation of what a variance is; e. the clause or section of the code, standard or regulation to which the variance will apply; f. a description of the variance being requested; g. the reason/rational for the variance; h. the evidence/proof of equal or better safety performance to persons and property; i. the declaration of understanding by the owner; j. the date of application; and k. the signature of the owner or owner s agent. An example Request for Specific Variance is provided at the end of this policy. 12. A variance issued by a safety codes officer in any discipline shall not set a precedent. 13. When writing a variance, a safety codes officer may include conditions such as a requirement that the subject of the variance be marked with the following: a. the manufacturer s name; b. the safety codes officer s name; c. a statement indicating that the equipment was accepted under a variance; and d. any other information required by the safety codes officer. 14. A copy of a specific variance shall be provided to the: a. owner; b. contractor (where applicable); c. safety codes officer; and d. Technical Administrator. Page 3 of 8
15. A copy of a province-wide variance shall be provided to the Safety and made available to interested parties. 16. A variance shall not be subject to a review or an appeal pursuant to the Safety Codes Act. Page 4 of 8
Descriptive Information 1. Prior to the issuance of a specific variance, the owner must submit a written request for the variance together with evidence in support of the request. 2. Any variance issued is not intended for use in relation to other similar variance requests. Each request must be evaluated on its own merits and within its own particular circumstances. The specific context of each request must be considered before an equivalency or greater level of safety determination may be made. 3. It is the owner s responsibility to demonstrate that the variance requested provides equivalent or greater level of safety than that identified by the code, standard or regulation. 4. Prior to issuing a variance it is the responsibility of the Safety Codes Officer to be satisfied that equivalent or greater level of safety than that required by the code, standard or regulation has been or will be provided and that evidence has been received to satisfy this requirement. Although codes and standards do not detail why the requirements are specified, in some cases the Intent and Application statements or Appendices may provide information by which decisions of compliance or equivalence may be made. 5. Prior to a specific variance being issued, the owner must provide confirmation of his understanding and appreciation of acceptance of the variance. 6. A variance issued by a safety codes officer will be based upon the example attached. Page 5 of 8
Example Request for Variance: Request for Specific Variance Explanation of Variance A Variance is written permission issued to build, install, process, or otherwise act in a manner not consistent with the specific requirement of an applicable code, standard or regulation but which provides, in the opinion of the issuing Administrator or safety codes officer, an equivalent or greater level of safety to persons and property. A Variance issued by a safety codes officer is specific. A Variance sets no precedent. Date of request February 27, 2007 Name and address of owner and/or owner s agent requesting variance Mr. John Doe, President ABC Construction 0000 Main Street Anytown, Alberta T6X 2P2 postal code Code or Standard to be varied Identify the clause and section of the Code, Standard or Regulation to be varied Reason for requiring a variance Provide rational as to why the clause or section of the Code, Standard or Regulation does not or should not apply. Details of proposed variance Provide in detail, what is proposed to be done as an alternative to the code, standard or regulation requirement Supporting documentation must be provided (proof of equal or greater safety performance list all attachments) Provide a list or description of the supporting information including the objectives of the code item (if applicable ABC 2006, AFC 2006, NPC 2005) that is being varied, and how the objectives are being met. Address and/or legal description of the property upon which the thing, process or activity which is the subject-matter of the variance is located ABC Society 000 Centre Street Anytown, Alberta T6X 2P2 Lot 0, Block 0, Plan TR9999 lot / block / plan Authority under which a Variance may be issued Declaration of understanding Advisement of Offence Identify the authority under which the variance may be issued (Safety Codes Act, Chapter S-1), Code, Standard or Regulation, including section. By signing below, the owner or owner s agent expressly acknowledges that the owner is aware of and agrees with this request for variance, which is intended to provide an alternative to the specific requirements of the Code, Standard or Regulation, and that it is the responsibility of the owner to provide and maintain safety in accordance with the variance. Non-compliance with the requirements of a Variance is an offence under the Safety Codes Act. Identification of owner or owner s agent Signature of owner or owner s agent John Doe Owner s agent Page 6 of 8
Example of Accepted Variance Identification of document Explanation of Variance Accepted Variance A Variance is written permission issued to build, install, process, or otherwise act in a manner not consistent with the specific requirements of an applicable code, standard or regulation but which provides, in the opinion of the issuing Administrator or safety codes officer, an equivalent or greater level of safety to persons and property. Date of issue March 26, 2007 Owner and/or contractor upon whom the variance is being issued Mr. John Doe, President ABC Construction 0000 Main Street Anytown, Alberta T6X 2P2 Code or Standard to be varied Reason for variance ABC Clause 0.00.00.0 xxxxxxxxx xxxx xxxx Rational to be provided as to why the clause or section of the code, standard or Regulation does not or should not apply, including a quote from the code, standard, or regulation to be varied. Details of variance A variance is hereby granted in respect to the requirements of.. (indicate what code, standard or regulation including sections, etc that are being varied.) Describe the work that will be done under the variance. Include any conditions if applicable. Variance is site-specific and nonprecedent setting This variance is specific and sets no precedent. Address and/or legal description of the property upon which the thing, process or activity which is the subject-matter of the variance is located ABC Society 000 Centre Street Anytown, Alberta T6X 2P2 Lot 0, Block 0, Plan TR9999 Page 7 of 8
Authority under which the Variance is being issued This Variance is issued under the authority of the Safety Codes Act, Chapter S-1; and (include any code, standard or regulation reference as applicable which provides authority to issue an alternative.) Advisement of Offence Non-compliance with the requirements of this Variance is an offence under the Safety Codes Act. Identification of Safety Codes Officer Signature of Safety Codes Officer Samuel Brown Safety Codes Officer of (indicate discipline) Certification number S0000099 Designation number D00099 Accredited organization employing Safety Codes Officer Municipal District of Anytown Box 999 Anytown, Alberta, T9T Y3Y Accreditation Order number 0000099 Phone: (780) 444-9999 Fax: (780) 999-4444 Submission of a copy of Variance to an Administrator A copy of this Variance will be submitted to: Technical Administrator of (indicate discipline) c/o Safety 1000, 10665 Jasper Avenue Edmonton, Alberta, T5J 3S9 Page 8 of 8