Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

34 Pa. Code § 39.83. Modification or waiver of provisions.

§ 39.83. Modification or waiver of provisions.

 This section and § §  39.81, 39.82 and 39.84—39.90 may be modified or waived by the proper administrative authority or its authorized agents and shall be so modified or waived in the following instances:

   (1)  Application of the provisions involve expense not justified by the protection secured, or for any other reason if application of provisions is shown to be impracticable.

   (2)  If equivalent or safer construction can be more readily provided by other means.

   (3)  In certain instances where temporary installations or installations are shortly to be dismantled or reconstructed.

   (4)  In cases of emergency or pending decision of the administrator, the person responsible for the installation may decide as to modifications or waiver of any rule, subject to review by proper authority.

Cross References

   This section cited in 34 Pa. Code §  39.81 (relating to applicability); 34 Pa. Code §  39.82 (relating to scope); and 34 Pa. Code §  39.192 (relating to scope).



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