NRS590.615. Variances from rules, regulations or specifications: Considerations.

  When the Board finds, under such conditions as may arise, a variation from its rules, regulations or specifications which does not impair the safety of the public and persons using the materials which would otherwise be secure by compliance with such rules, regulations or specifications, the Board may, upon written application, consideration and investigation, grant a variance from the terms of the rules, regulations or specifications on such conditions as it may specify to insure the safety of the public and persons using the materials or services. In granting the variance, the Board shall take into consideration one or more of the following circumstances or conditions and the application shall specify which of them are relied upon:

      1.  The purpose and meaning embodied in the regulation from which the variance is requested and its relative importance in balancing the interests of the licensee and the community or public.

      2.  The reasons why the rules, regulations or specifications cannot be complied with.

      3.  If a consumer tank is involved, whether or not a fire hazard will be created or is maintained.

      4.  The openings which may or may not be made into any buildings below any regulator or container vents.

      5.  Whether or not the adjacent walls or exposures are fireproof.

      6.  Whether or not the installation will be safe in the event the variance is allowed.

      7.  Whether or not the installation will be exposed to collision by moving vehicles.

      8.  Any other factors or considerations which impose a hardship on the licensee or which the Board deems appropriate for the granting of a variance.

      (Added to NRS by 1957, 482)